In 1996, Congress clamped a one-year statute of limitations on petitions for writs of habeas corpus when used as collateral attacks on criminal judgments. In 2013, the Supreme Court held in McQuiggin v. Perkins, 133 S. Ct. 1924, 1928 that actual innocence is, in effect, an exception. (I have no quarrel with that holding as a matter of policy and did not file a brief in that case to oppose making the exception, but as a matter of statutory interpretation I don't think the opinion holds water.) But look who crawls out of the woodwork claiming innocence. Later in 2013, the federal magistrate judge issued a report and recommendation rejecting Sirhan's claim. It begins,
This case may be the final chapter in an American tragedy. On June 5, 1968, moments after declaring victory in the California Democratic primary, Senator Robert F. Kennedy walked through the kitchen pantry of the Ambassador Hotel, where petitioner was waiting. As Senator Kennedy stopped to shake hands with hotel employees, petitioner walked toward him, extending his arm. Instead of shaking Senator Kennedy's hand, petitioner shot him. Petitioner continued to fire his gun even as bystanders wrestled him onto a table. Senator Kennedy died of his wounds.