Where a defendant challenged the denial of his third successive federal habeas corpus petition from his state law murder conviction, the district court properly found that it lacked jurisdiction to hear the petition because the defendant failed to establish by clear and convincing evidence that it was more likely than not that no reasonable jury would have found him guilty beyond reasonable doubt, and he was not entitled to an evidentiary hearing.
Judgment is affirmed.
Rhodes v. Warden (MLW No. 74581/Case No. 18-3581 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, District of Minnesota. (Mark R. Bradford, Minneapolis, argued for appellant) (Matthew Frank, St. Paul, Minnesota, argued for appellee).