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· 9/30/1998

UNITED STATES of America, Plaintiff-Appellee, v. Colton Travis BENBOE, Defendant-Appellant

Citations

  • 157 F.3d 1181
  • 98 Cal. Daily Op. Serv. 7491
  • 98 Daily Journal DAR 10441
  • 1998 U.S. App. LEXIS 24417
  • 1998 WL 682172

How courts have described this case

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

  • concluding that evidence that firearm was found \in or on furniture\ near drugs not sufficient to foreclose hearing on actual innocence
  • concluding that evidence that firearm was found \in or on furniture\ near drugs not sufficient to foreclose hearing on actual innocence
  • emphasizing that “[the defendant] did not expressly waive his right to file for collateral relief’
  • applying Bousley and finding default where petitioner challenging his guilty plea did not raise Bailey claim in 'direct appeal
  • applying Bousley and finding default where petitioner challenging his guilty plea did not raise Bailey claim in direct appeal
  • “Actual innocence can be established if the petitioner demonstrates that ‘it is more likely than not that no reasonable juror would have convicted him.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Schroeder, Wiggins, Circuit'Judges

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.