· 8/2/2012
Ivan Teleguz v. Eddie L. Pearson
Citations
- 689 F.3d 322
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that although a district court must consider all evidence, old and new, to determine actual innocence, the court only reaches an actual-innocence claim if the petitioner makes a threshold showing of new reliable evidence
- remanding petition to the Board for further proceedings because the Board relied on “the now-vacated Valenzuela Gallardo decision ....”
- collecting cases to explain that “[o]ur sister circuits considering whether the 11 Appellate Case: 20-1159 Document: 010110636671 Date Filed: 01/25/2022 Page: 12 Cir. 2014
- stating a petitioner must “demonstrate that the totality of the evidence would prevent any reasonable juror from finding him guilty beyond a reasonable doubt”
- remanding for consideration of an actual-innocence claim based on new evidence, including recantation affidavits
- “[T]he district court may not reject the factual findings of a state court absent clear error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Motz, Davis, Wynn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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