· 8/19/2014
Scott Jones v. Jeri Taylor
Citations
- 763 F.3d 1242
- 2014 WL 4067217
- 2014 U.S. App. LEXIS 15968
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that although the freestanding actual innocence claim may exist, “[w]e have not resolved whether a freestanding actual innocence claim is cognizable in a federal habeas corpus proceeding in the non-capital context”
- acknowledging that it is an open question whether stand-alone claims of actual innocence are cognizable on federal habeas review
- finding that a recantation was not “sufficiently reliable” to support actual innocence when “there is other testimonial evidence supporting the verdict”
- finding that the reliability of a recantation can be affected by its 20 timing or the witness’s relation to the accused
- concluding after evidentiary hearing at which recanting witnesses, including victim, testified that recantations were insufficient to meet Schlup standard, let alone extraordinarily high standard for relief on freestanding claim of actual innocence
- stating that the standard for establishing a freestanding actual innocence claim is extremely high
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcón, Tashima, Ikuta
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.