Antonio McDowell v. Michael Lemke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the petitioner’s affidavit, which “contain[ed] no indicia of reliability,” was “insufficient to meet the actual innocence bar”
• deeming “inherently suspect” the petitioner’s “eleventh hour” self-serving affidavits containing no indicia of reliability (internal quotation marks omitted)
• deeming “inherently suspect” the petitioner’s “eleventh hour” self-serving affidavits containing no indicia of reliability (internal quotation marks omitted)
• holding claim was not fairly presented where petition alleged that a photo was shown “in such a suggestive manner that there was little room to exclude him,” but there was no citation to the federal or state constitution, case law, or facts upon which to evaluate the claim of suggestiveness
• “Such ‘eleventh hour’ affidavits, containing facts not alleged at trial and accompanied by no reasonable explanation for delay are inherently suspect.”
• “The fundamental miscarriage of justice standard erects an extremely high bar for the habeas petitioner to clear.”

Source: CourtListener parenthetical corpus (CC0).