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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Habeas Relief – Actual Innocence – Confrontation

Criminal Law: Habeas Relief – Actual Innocence – Confrontation

(1)Where evidence offered by a defendant in a capital murder case did not meet the extraordinarily high threshold for proof of innocence, the district court did not err in rejecting his claim of actual innocence without a hearing, and the court also properly rejected the defendant’s due process claim based on sufficiency of the evidence and that reference to his post-arrest silence violated due process.

(2)Where a defendant challenged a trial court’s restrictions on cross examination of a witness against him as violating the Sixth Amendment, the defendant presented a federal constitutional argument to the state supreme court, so dismissal of the claim is vacated and it is remanded to the district court, and dismissal of the defendant’s claim of alleged prosecutorial misconduct is also vacated.

Affirmed in part; dismissal vacated; remanded.

Dansby v. Norris (MLW No. 63820/Case No. 10-1990 – 29 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Arkansas, Dawson, J. (Josh Lee, Little Rock, Arkansas, argued for appellant; Julie Pitt appeared on the brief) (Christian Harris, Little Rock, Arkansas, argued for appellee).

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