“To pass through the gateway, a petitioner must produce new evidence that establishes a constitutional violation has probably resulted in the conviction of one who is actually innocent.” Thornton v. Forshey, No. 21-3012, 2021 WL 5276758, at *3 (6th Cir. Nov. 12, 2021) (quoting Schlup, 513 U.S. at 327) (cleaned up); see also House v. Bell, 547 U.S. 518, 536-39 (2006) (restating the ways to overcome procedural default and further explaining the actual innocence exception).
See Id. To prevail on his gateway innocence claim, Clardy must “support his allegations of constitutional error with new reliable evidence-whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence-that was not presented at trial.” Thornton v. Forshey, 2021 WL 5276758, at *3 (6th Cir. Nov. 12, 2021) (quoting Schlup v. Delo, 513 U.S. 298, 324 (1995)). Upon such a showing, a reviewing habeas court must then “consider all the evidence, old and new, incriminating and exculpatory, without regard to whether it would necessarily be admitted under rules of admissibility that would govern at trial.”