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Eleventh Circuit· 4/16/2009

In Re Davis

Citations

  • 565 F.3d 810
  • 2009 U.S. App. LEXIS 8101
  • 2009 WL 1025712

How courts have described this case

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

  • considering, and rejecting, the argument that a free-standing actual innocence claim is the kind of claim that can be heard in a second or successive habeas petition
  • noting the established principle that “recantations are viewed with extreme suspicion by the courts”
  • stating that “it is not clear at all under the case law whether . . . a freestanding actual 24 innocence claim . . . is viable on federal habeas corpus review,” much less whether it is available to be raised in a second or successive petition
  • order issued in April of 2009 for an application filed in October of 2008 asserting actual innocence
  • “Our function is to apply statutes . . . not to improve statutes by altering them.” (quotation omitted)
  • “Our function is to apply statutes . . . not to improve statutes by altering them.” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Barkett, Marcus

Read full opinion on CourtListener

Cited by

37 cases in this archive cite this case; the 20 most cited are listed.

Cites

51 cases in this archive are cited by this case; the 20 most cited are listed.

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