Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Judge Stein http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119915 A state court in 2000 convicted petitioner of robbery, attempted murder, assault and resisting arrest. His 2005 habeas corpus petition was stayed in 2007, so that the state court could review “newly discovered evidence”—another man’s confession to the crimes, recanting his trial testimony—purportedly establishing petitioner’s innocence. In 2008, the state court found the confession incredible and not warranting grant of post-conviction relief. Adopting a magistrate judge’s report finding none of petitioner’s five objections sufficient to warrant habeas relief, the district court denied habeas. As to petitioner’s “newly discovered evidence” claim—which it viewed as “relat[ing] back” to his initial, timely habeas petition—the court concluded the claim was insufficient to warrant habeas relief. Petitioner failed to rebut the presumption of correctness of the state court’s determination—based on an evidentiary hearing at which the recanting witness testified and was subject to cross examination—that the recantation was incredible. Further, other evidence available to the state and district courts bolstered the finding that the witness testified truthfully at petitioner’s trial in that he averred he was not involved in the attack underlying petitioner’s convictions.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.