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· 11/17/2010

Houck v. Stickman

Citations

  • 625 F.3d 88
  • 2010 U.S. App. LEXIS 23622
  • 2010 WL 4629469

How courts have described this case

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

  • explaining that, except in instances where trial counsel was constitutionally ineffective, “evidence is new only if it was not available at trial and could not have been discovered earlier through the exercise of due diligence.”’
  • reviewing district court’s rulings regarding actual innocence de novo because no evidentiary hearing was conducted
  • reasonable juror standard not met where new evidence bolsters but does not prove alibi
  • reasonable juror standard not met where new evidence bolsters but does not prove alibi
  • “[A] district court ordinarily cannot grant a petition for a writ of habeas corpus arising from a petitioner’s custody under a state court judgment unless the petitioner first has exhausted his available remedies in state court.”
  • “[A] district court ordinarily cannot grant a petition for a writ of habeas corpus arising from a petitioner’s custody under a state court judgment unless the petitioner first has exhausted his available remedies in state court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Jordan, Greenberg

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.