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· 6/9/2017

State of West Virginia v. Mandy Lee O'Hara

How courts have described this case

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

  • explaining that federal habeas relief cannot be based on false testimony unless the government “knowingly us[ed] [the] perjured or false testimony at trial”
  • reiterating that “actual innocence does not constitute a freestanding basis for 3 For consistency, the Court’s citations to the record refer to the CM/ECF pagination. federal habeas relief”
  • explaining that, while a claim of actual innocence can be used as a procedural “gateway” to overcome a procedural bar, “actual innocence does not constitute a freestanding basis for habeas relief”
  • stating the Supreme Court “has never recognized freestanding actual innocence claims as a basis for federal habeas relief”
  • accepting a party’s oral waiver of an argument even 2 This connection is required for asylum or withholding of removal. See 8 U.S.C. §§ 1101(a)(42)(A), 1231 (b)(3)(A
  • “We have thus held that actual inno- cence does not constitute a freestanding basis for habeas re- lief.”

Source: CourtListener parenthetical corpus (CC0).

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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.