· 6/11/2010
Holmes v. Hardy
Citations
- 608 F.3d 963
- 2010 U.S. App. LEXIS 11922
- 2010 WL 2330398
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- preferring “to allow the district court to decide the constitutional issues in the first instance”
- “troubling” new evidence impugning the credibility of state’s witness did not establish actual innocence, since at best it established a “mere possibility” that a jury presented with the evidence would have exonerated the petitioner, “not a probability, as is required.”
- “A federal court will not review a question of federal law decided by a state court if the decision of the state court clearly and expressly relied on the petitioner’s failure to meet a state procedural requirement as an independent basis for its disposition of the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Bauer, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.