· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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