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Houck v. Stickman, 05-4580

By FindLaw Staff on November 17, 2010 | Last updated on March 21, 2019

Claim of actual innocence to overcome procedural default

Houck v. Stickman, 05-4580, concerned a challenge to the district court's denial of defendant's request for habeas relief from his convictions for kidnapping, aggravated assault, and related offenses.  In affirming, the court held that defendant has not satisfied the Schlup requirement to open the actual innocence door to allow his procedurally defaulted claims to be considered on the merits as, even taking into account evidence of defendant's affidavits, he has not demonstrated that no reasonable juror would convict him after considering the newly supplemented record.

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