300
Syllabus
would consider fairly all of the evidence presented and would conscientiously obey the trial court's instructions requiring proof beyond a reasonable doubt. The Carrier standard, although requiring a substantial showing, is by no means equivalent to the standard governing review of insufficient evidence claims. Jackson v. Virginia, 443 U. S. 307, distinguished. In applying the Carrier standard to Schlup's request for an evidentiary hearing, the District Court must assess the probative force of the newly presented evidence in connection with the evidence of guilt adduced at trial. The court is not required to test the new evidence by a standard appropriate for deciding a motion for summary judgment, but may consider how the submission's timing and the affi-ants' likely credibility bear on the probable reliability of that evidence. Pp. 327-332. 11 F. 3d 738, vacated and remanded.
Stevens, J., delivered the opinion of the Court, in which O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a concurring opinion, post, p. 332. Rehnquist, C. J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined, post, p. 334. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 342.
Sean D. O'Brien argued the cause for petitioner. With him on the briefs were Anthony G. Amsterdam, Randy Hertz, and Timothy K. Ford.
Jeremiah W. (Jay) Nixon, Attorney General of Missouri, argued the cause for respondent. With him on the brief were Stephen D. Hawke and Frank A. Jung, Assistant Attorneys General.*
*Briefs of amici curiae urging affirmance were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, George Williamson, Chief Assistant Attorney General, Dane R. Gillette, Deputy Attorney General, and Mark L. Krotoski, Special Assistant Attorney General, James H. Evans, Attorney General of Alabama, Bruce M. Botelho, Attorney General of Alaska, Grant Woods, Attorney General of Arizona, Gale A. Norton, Attorney General of Colorado, John M. Bailey, Chief State's Attorney of Connecticut, Charles M. Oberly III, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, Larry EchoHawk, Attorney General of Idaho, Roland W. Burris, Attorney General of Illinois, Chris Gorman, Attorney General of Kentucky, Richard P. Ieyoub, Attorney General of Louisiana, Mike Moore, Attorney General of Mississippi, Joseph P. Mazurek, Attorney General of Montana, Don
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