habeas corpus

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The facts as presented here are drawn from the party briefs.

On October 13, 1995, Alexandre Mirzayance, armed with a hunting knife and pistol, entered the bedroom of his cousin Melanie Ookhtens. See Brief for Petitioner at 2. After stabbing her...

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The Crime and State Proceedings

On July 28, 1994, Gary Lawrence, with assistance from his ex-wife Brenda, brutally murdered Brenda’s lover, Michael Finken. See Lawrence v. State, 698 So.2d 1219, 1220 (Fla. 1997). While Michael was sleeping Gary and...

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Maples was found guilty of capital murder and sentenced to death for killing two of his friends, each of whom he shot in the head with a .22 caliber rifle after a night of drinking. See Maples v. State, 758 So.2d 1, 14–15 (Ala. Crim. App. 1999). Once...

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Kenneth Clair was sentenced to death in 1987 for the murder of Linda Rodgers. See People v. Clair, 2 Cal.4th 629, 645 (Cal. 1992). The Supreme Court of California affirmed Clair’s death sentence in 1992. See id. at 646. Clair commenced federal habeas...

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Petitioner Luis Mariano Martinez was convicted in an Arizona state trial court for sexual conduct with a person under fifteen years old and was sentenced to serve consecutive prison terms of 35 years to life. See Martinez v. Schriro, 623 F.3d 731, 733...

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In the early hours of January 29, 1994, a nine-year-old girl was sexually assaulted in the bedroom of her home. See Brown v. State, 934 P.2d 235, 237 (Nev. 1997). Troy Brown was arrested that February. See id. at 239. The state charged Brown with...

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[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issue(s)

Does the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) implicitly contain an actual-innocence exception (1) to the requirement that petitioners show that an...

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Facts

In April of 1993, Lancaster shot and killed his girlfriend, Toni King, in a parking lot outside of a Michigan shopping mall. Lancaster v. Metrish, 683 F.3d 740, 742 (6th Cir. 2012). For these acts, the state of Michigan charged Lancaster and tried...

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In 1963, 17-year-old Henry Montgomery was arrested for the murder of Sheriff Deputy Charles Hurt in East Baton Rouge, Louisiana. See Brief for Petitioner, Henry Montgomery at 3. Montgomery was convicted of murder and received the death penalty....

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In 1993, Michael Nance ("Nance") robbed a bank in Gwinnett County, Georgia. Nance v. Commissioner, Georgia Department of Corrections, at 1203. Upon fleeing in his own car, the dye packets hidden in stolen cash exploded. Id. Nance then abandoned his car...

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