· 8/29/2011
Murphy v. King
Citations
- 652 F.3d 845
- 2011 U.S. App. LEXIS 17995
- 2011 WL 3795133
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding federal habeas claims that were not properly raised in state court were procedurally defaulted because they were barred by Knaffla
- denying access to a potential fundamental-miscarriage-of-justice exception when the petitioner failed to present any evidence of actual innocence and only made allegations that his proceedings were “unfair”
- where the factual basis for a claim was available to counsel, but counsel failed to recognize it, there is no adequate \cause\ for the default
- “To fall within the fundamental-miscarriage-of-justice exception, a habeas petitioner must present new evidence that affirmatively demonstrates that he is innocent of the crime for which he was convicted.”
- a petitioner must present new evidence that affirmatively demonstrates he is actually innocent of the crime for which he was convicted in order to fit within the fundamental miscarriage of justice exception
- Before filing a § 2254 habeas petition, a habeas petitioner must “fairly present” the substance of his or her federal habeas claims to the appropriate state courts and exhaust all available state remedies.
Source: CourtListener parenthetical corpus (CC0).
Judges: Colloton, Clevenger, Benton
Read full opinion on CourtListenerSourced 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.