Bosley v. Cain

How courts have described this case

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

• rejecting claim where new evidence consisted only of testimony from four relatives of the petitioner
• rejecting claim where new evidence consisted only of testimony from four relatives of the petitioner
• “[T]he [actual innocence] standard requires the district court to ‘make a probabilistic determination about what reasonable, properly instructed jurors would do.’”
• actual innocence standard not met where newly discovered evidence merely puts conflicting “testimony . . . in equipoise”
• habeas court considers all evidence, “including that alleged to have been illegally admitted ... and evidence tenably claimed to have been wrongly excluded or to have become available only after the trial”
• “[T]here is no presumption of innocence at a habeas proceeding.”

Source: CourtListener parenthetical corpus (CC0).