Melvin Watt: “In that section it says, ``The court shall only consider a claim under certain circumstances.'' I agree with the…”

“In that section it says, ``The court shall only consider a claim under certain circumstances.'' I agree with the gentleman that this is not the standard for an ultimate disposition of the case, but it is the prevailing standard for determining whether one gets review or not. That standard was set out very recently by the court again in the case of Schlup versus Delo, January 23, 1995. This is the standard for getting a review. It is not the standard for determining whether somebody gets off or not. In that case, the court says, ``The standard requires the habeas petitioner to show that `a constitutional violation has probably resulted in the conviction of one who is actually innocent.''' That is the same language that I have picked up. So I just wanted to make sure that the gentleman understands. I am not trying to change the ultimate standard on which the person wins or loses. All this does is get the person into the courthouse so the court can evaluate the evidence.”