No. 19-5640

In Re Larry Swearingen

Lower Court: N/A
Docketed: 2019-08-20
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 death-penalty due-process false-testimony forensic-evidence habeas-corpus habeas-corpus-petition innocence innocence-standard schlup-v-delo scientific-evidence scientific-testimony successive-petition
Latest Conference: N/A
Question Presented (from Petition)

1) What is the scope of the evidence for a court's assessment of innocence under 28 U.S.C. § 2244 (b)(2)(B)(ii) ? Is a court of appeals ' consideration of exculpatory evidence limited to the specific newly discovered evidence supporting the new constitutional claim or should the court undertake a more holistic evaluation of the evidence as a whole as required under Schlup v. Del o, 513 U.S. 298 (1995) ?

2) Where an applicant has discovered that State sponsored testimony at trial was scientifically invalid, should such testimony be considered "false and misleading testimony " such that the applicant has been denied due process in violation of the United States Constitution ?

Question Presented (AI Summary)

What is the scope of the evidence for a court's assessment of innocence under 28 U.S.C. § 2244(b)(2)(B)(i)?

Docket Entries

2019-08-21
Brief of respondent Lorie Davis in opposition filed.
2019-08-21
Application (19A200) referred to the Court.
2019-08-21
Reply of petitioner Larry Swearingen filed.
2019-08-21
Application (19A200) denied by the Court.
2019-08-21
Petition DENIED.
2019-08-20
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2019-08-20
Application (19A200) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Larry Ray Swearingen
James Gregory RyttingHilder & Associates, P.C., Petitioner
Lorie Davis
Tina J. MirandaTexas Attorney General, Respondent