Supreme Structure: Four Tips from The Chief Justice

Wainwright v. Sykes , 433 U. S. 72, 90 (1977) (internal quotation marks omitted). If a prisoner “failed to develop the factual basis of a claim in State court proceedings,” a federal court may admit new evidence, but only in two quite limited situations. Either the claim must rely on a “new” and “previously unavailable” “rule of constitutional law” made retroactively applicable by this Court, or it must rely on “a factual predicate that could not have been previously discovered through the exercise of due diligence.” And even if a prisoner can satisfy one of those two exceptions, he must also show that the desired evidence would demonstrate, “by clear and convincing evidence,” that “no reasonable factfinder” would have convicted him of the charged crime. Thus, although state prisoners may occasionally submit new evidence in federal court, “AEDPA’s statutory scheme is designed to strongly discourage them from doing so.” Pinholster , 563 U. S., at 186; see also Michael Williams , 529 U. S., at 437 (“Federal courts sitting in habeas are not an alternative forum for trying facts and issues which a prisoner made insufficient effort to pursue in state proceedings.”). We have explained that a federal court, in deciding whether to grant an evidentiary hearing or “otherwise consider new evidence” under §2254(e)(2), must first take into account these restrictions. The reasons for this are familiar. A federal court “may never needlessly prolong a habeas case, particularly given the essential need to promote the finality of state convictions,” so a court must, before facilitating the development of new evidence, determine that it could be legally considered in the prisoner’s case. Shinn , 596 U. S., at ___ (slip op., at 21) (internal quotation marks and citation omitted); see also Bracy v. Gramley , 520 U. S. 899, 904 (1997) (“A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course.”). If §2254(e)(2) applies and the prisoner cannot satisfy its “stringent requirements,” Michael Williams , 529 U. S., at 433, holding an evidentiary hearing or otherwise expanding the state-court record would “prolong federal habeas proceedings with no purpose,” Shinn , 596 U. S., at ___ (slip op., at 21) (internal quotation marks omitted). And that would in turn disturb the

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