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· 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 CourtListener

Sourced 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.