Tuesday, February 26, 2013

Tenth Circuit -- Case v. Hatch

Denial of 'actual innocence' Habeas as recantations and new DNA evidence cannot be considered, and Brady violation not necessarily outcome-determinative.

Concurrence -- de novo review of merits at second/successive stage wastes judicial resources.

Case v. Hatch
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.