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Calderon Vs. Thompson

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  • US Supreme Court
  • Apr 29, 1998

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60 entries 12 linked 48 unlinked
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  1. Smith Vs. Murray US Supreme Court · Jun 26, 1986
  2. Brecht Vs. Abrahamson US Supreme Court · Apr 21, 1993
  3. Mccleskey Vs. Zant US Supreme Court · Apr 16, 1991
  4. Herrera Vs. Collins US Supreme Court · Oct 07, 1992
  5. Wainwright Vs. Sykes US Supreme Court · Jun 23, 1977
  6. Teague Vs. Lane US Supreme Court · Feb 22, 1989
  7. Sawyer Vs. Whitley US Supreme Court · Feb 25, 1992
  8. Keeney Vs. Tamayo-reyes US Supreme Court · Jan 15, 1992
  9. Murray Vs. Carrier US Supreme Court · Jun 26, 1986
  10. Schlup Vs. Delo US Supreme Court · Oct 03, 1994
  11. Felker Vs. Turpin US Supreme Court · Jun 28, 1996
  12. General Electric Co. Vs. Joiner US Supreme Court · Oct 14, 1997
  13. U.S. 538 (1998) October Term, 1997 Syllabus Calderon V. Thompson
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  14. inherent power to recall their mandates, subject to review for an abuse of discretion, Hawaii Housing Authority v. Midkiff
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  15. standard was not met in this case. The standard is concerned with actual, as compared to legal, innocence. Sawyer v. Whitley
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  16. U. S. 333 , 339. To be credible, the claim must be based on reliable evidence not presented at trial. Schlup v. Delo
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  17. extent than he did. In the District Court's view, these failings prejudiced Thompson under the rule of Strickland v. Washington
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  18. and now reverse. II Although some Justices have expressed doubt on the point, see, e. g., United States v. Ohio
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  19. to recall their mandates, subject to review for an abuse of discretion. Hawaii 550 Housing Authority v. Midkiff
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  20. see also Hazel-Atlas Glass Co. v. Hartford-Empire
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  21. cant limits on the discretion of federal courts to grant habeas relief. See, e. g., McCleskey v. Zant
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  22. accord, Wood v. Bartholomew
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  23. finality can the victims of crime move forward knowing the moral judgment will be carried out. See generally Payne v. Tennessee
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  24. Her rera v. Collins
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  25. a case of fraud upon the court, calling into question the very legitimacy of the judgment. See Hazel-Atlas Glass Co. v. Hartford-Empire
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  26. McCleskey, supra, at 491 (quoting Murray v. Carrier
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  27. of whether the Court of Appeals abused its discretion. Felker v. Turpin
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  28. Mc Cleskey, supra, at 496 (quoting Murray v. Carrier
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  29. accord, Harris v. Reed
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  30. a claim of actual innocence must be based on reliable evidence not presented at trial. Schlup v. Delo
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  31. in order to correct error is inherent in the judicial power, ante, at 549-550 (citing Hawaii Housing Authority v. Midkiff
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  32. Hazel-Atlas Glass Co. v. Hartford-Empire
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  33. to the court exercising discretionary authority is the 568 hallmark of such review. General Electric Co. v. Joiner
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  34. National Hockey League v. Metropolitan
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  35. the determination to recall is one for which criteria of decision have not become standardized), see United States v. Criden
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  36. CA3 1981), and to the weighing of these factors in light of the particular facts, see Lawson Prods., Inc. v. Avnet
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  37. cf. Citizens to Preserve Overton Park, Inc. v. Volpe
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  38. and yet in death cases the exercise of our discretionary review for just this purpose may be warranted. See Ky les v. Whitley
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  39. that ineffective assistance of counsel in the rape case had been prejudicial within the meaning of Strickland v. Washington
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  40. ject to the constraints of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See, e. g., Nevius v. Sumner
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  41. had been mistaken, and the conclusions of the District Court suffice to answer yes to that question. See Thompson v. Calderon
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  42. see Felker v. Turpin
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  43. courts should defer to district courts' conclusions about substantial legal justification. Cooter & Gell v. Hartmarx
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  44. dealing with innocence of an underlying offense requires no clear and convincing proof, ante, at 560, see Schlup v. Delo
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  45. Syllabus Calderon V. Thompson
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  46. Hawaii Housing Authority v. Midkiff
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  47. of Strickland v. Washington
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  48. United States v. Ohio
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  49. Housing Authority v. Midkiff
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  50. Wood v. Bartholomew
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