Summerville v. Warden, State Prison

Decided 1994-05-24

Cited by 148 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Borden, J. This certified habeas corpus appeal raises two principal issues. They are: (1) whether habeas corpus recognizes a claim of actual innocence affecting the fairness of the petitioner’s criminal trial even if that claim does not depend upon an antecedent constitutional violation; and (2) whether, in the circumstances of this case, the petitioner has produced sufficient evidence to require a remand to the habeas court for…

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