Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services

How courts have described this case

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

• explaining that “the waiver rule is nonjurisdictional” and the circuit court may, in the interests of justice, excuse a party’s waiver and review a magistrate judge’s report (citing Thomas, 474 U.S. at 155)
• applying actual innocence doctrine to vacate petitioner's enhanced sentence, where the enhancement was based on a subsequent arrest for which the petitioner was ultimately found innocent
• applying actual innocence doctrine to vacate petitioner’s enhanced sentence, where the enhancement was based on a subsequent arrest for which the petitioner was ultimately found innocent
• applying the actual innocence exception where the petitioner “is actually innocent of the conduct on which his sentence is based”(emphasis added)
• directing the district court to grant Mr. Spence’s habeas petition because he “clearly and convincingly demonstrate^]” that he was “actually innocent of the act for which he received an enhanced sentence”
• actual innocence exception applies in noncapital sentencing context when error is related to finding of predicate act forming the basis for enhancement

Source: CourtListener parenthetical corpus (CC0).