Earlier this week, the Supreme Court granted cert in another habeas case arising from the Sixth Circuit. In Perkins v. McQuiggin, the Sixth Circuit addressed the question of equitable tolling in the context of an actual innocence claim. The Sixth Circuit’s opinion was a unanimous one, with Judge Cole as the author, joined by Judge Moore and District Judge Beckwith (who concurred separately). This case will permit the Supreme Court to consider whether there is an actual innocence exception to the requirement that a petitioner in an AEDPA case show extraordinary circumstance that prevented timely filing of a habeas petition, and if so, whether there is an additional exception to the requirement that the petitioner demonstrate that he has been pursuing his rights diligently. We will certainly keep an eye on this case as it makes its way through the Supreme Court.