Cunningham v. District Attorney's Office for Escambia County

How courts have described this case

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

• stating that “this Court’s own precedent does not allow habeas relief on a freestanding innocence claim in non-capital cases
• agreeing that petitioner’s substantive due process claim “did unpublished opinions that have been issued on or after January 1, 2007. Fed. R. App. P. 32.1(a
• noting that Osborne forbids, where state procedures for postconviction relief are adequate on their face, a claimant from challenging the procedures’ application in practice until he has actually tried them
• stating that “Cunningham must show that Alabama’s procedure for considering a postconviction request for DNA testing is so inadequate that it fails to satisfy Osborne’s standard of fundamental fairness”
• taking judicial notice on appeal of state and federal court proceedings in which the petitioner attacked his conviction
• taking judicial notice upon consideration of a motion for judgment on the pleadings without converting the motion to one for summary judgment

Source: CourtListener parenthetical corpus (CC0).