October 24th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Hancock v. Davis

Docket: 16-20662
Opinion Date: October 23, 2018
Judge: Jerry E. Smith
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's dismissal of a petition for habeas corpus relief as untimely. The court held that petitioner failed to present new evidence of actual innocence under Moore v. Quarterman, 534 F.3d 454 (5th Cir. 2008), and thus he failed to make the showing necessary for this court to consider his claims despite the expired limitations period. In this case, petitioner failed to establish that affidavits supporting his claim of actual innocence were unavailable to counsel at the time of trial.

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