338
Rehnquist, C. J., dissenting
and prejudice, a district court may consider the merits of an abusive or successive habeas petition. 511 U. S. 1003 (1994).
In Kuhlmann v. Wilson, 477 U. S. 436 (1986), the Court examined when a federal court could entertain a successive habeas petition. A plurality of the Court determined that the " 'ends of justice' " required a district court to entertain the merits of an otherwise defaulted petition where the prisoner supplemented his constitutional claim with a showing of factual innocence. Id., at 454. After citing Judge Friendly's definition of factual innocence, the plurality summarily determined that the District Court should not have entertained Wilson's petition because the evidence of guilt in his case had been " 'nearly overwhelming.' " Id., at 455.
In Carrier, the Court determined that a federal court could not review a procedurally defaulted habeas petition unless the petitioner demonstrated both cause for the default as well as prejudice resulting from the constitutional error. 477 U. S., at 492.5 The Carrier Court, however, left open the possibility that in a truly extraordinary case, a federal habeas court might excuse a failure to establish cause and prejudice where " 'a constitutional violation has probably resulted in the conviction of one who is actually innocent.'" Ante, at 327, quoting 477 U. S., at 496 (emphasis added).
In Sawyer, we described in some detail the showing of actual innocence required when a habeas petitioner brings an otherwise abusive, successive, or procedurally defaulted claim challenging the imposition of his death sentence, rather than his guilt of the crime. 505 U. S., at 339-347. There the Court emphasized that innocence of the death penalty,
5 The Court explicitly rejected the contention that "cause need not be shown if actual prejudice is shown," even where the constitutional claims "call[ed] into question the reliability of an adjudication of legal guilt." 477 U. S., at 495 (emphasis added); see also Engle v. Isaac, 456 U. S. 107, 129 (1982).
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