Opinion

In re Byrd

  • 269 F.3d 561
  • 2001 WL 1230313
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 21, 2001
Status
Published
Author
Jones
On the bench
Batchelder, Jones, Suhrheinrich
Cited by
14 cases
Authority
More cited than 18.2%

finding petitioner did not satisfy the miscarriage-of-justice exception necessary to reach the merits of a successive habeas petition where the evidence of actual innocence was an affidavit from a codefendant which was made six years after the codefendant had been convicted and was made only after he was no longer subject to further punishment for his actions for these crimes

How later courts described this case

  • finding petitioner did not satisfy the miscarriage-of-justice exception necessary to reach the merits of a successive habeas petition where the evidence of actual innocence was an affidavit from a codefendant which was made six years after the codefendant had been convicted and was made only after he was no longer subject to further punishment for his actions for these crimes
  • holding that petitioner’s “renewed attacks on [a] trial witness[’s] . . . credibility . . . do not provide proof of ‘actual innocence’ sufficient to excuse an abuse of the writ
  • holding that petitioner’s “renewed attacks on [a] trial witness [‘s] ... credibility ... do not provide proof of ‘actual innocence’”
  • finding that an attack on a trial witness’s credibility did not provide proof of actual innocence

Written by the judges who cited it.

The opinion

NATHANIEL R. JONES, Circuit Judge,

dissenting.

I am convinced beyond doubt, that this court must carefully explore whether Byrd can satisfy the legal standard that would *578 entitle him to file a second habeas petition. The complexity of the issues raised by the petitioner are of such scope and magnitude as to demand a careful and exhaustive analysis. I believe that the petition squarely implicates a question of fundamental fairness. Thus, a stay of execution is imperative. Byrd should not be put to death before this court is able to give full consideration to the issues raised in his case. Steffen v. Tate, 39 F.3d 622, 625 (6th Cir.1994).

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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