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· 1/8/2014

Maurice Coleman v. Michael Lemke

Citations

  • 739 F.3d 342
  • 2014 WL 60437
  • 2014 U.S. App. LEXIS 381

How courts have described this case

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

  • in assessing an actual innocence gateway argument, deferring under § 2254(e)(1) to the state post- conviction trial court’s factual findings concerning a witness’s credibility
  • “The actual innocence standard is a demanding one that permits review only in the extraordinary case.”
  • a codefendant’s testimony can be found to not be credible if he presents conflicting accounts of what occurred
  • The alibi witness’ “relationship to [the defendant] suggests she had a motive to give evidence in [the defendant’s] favor.”
  • in assessing an actual innocence gateway argument, deferring under § 2254(e)(1) to the state post-conviction trial court’s factual findings concerning a witness’s credibility
  • simply adding testimony from two eyewitnesses that the petitioner was not at the scene of the shooting did not demonstrate actual innocence when other evidence connected the petitioner to the crime

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Rovner, Williams

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.