John Lowery v. Mike Parris, Warden
HabeasCorpus
Whether the Sixth Circuit erroneously deferred to the state court's credibility findings on a gateway innocence claim
QUESTIONS PRESENTED I. Whether the Sixth Circuit, after applying a blanket rule of deference, erroneously deferred to the state court’s credibility findings when reviewing John Lowery’s gateway innocence claim even though the state court’s findings rested on clearly incorrect factual premises. II. Whether John Lowery made a credible showing of actual innocence allowing a federal court to review his constitutional claims given that: (1) the only eyewitnesses against him have recanted, which was also the only proof of his guilt; and (2) a disinterested witness whom the State suppressed has come forward and testified John Lowery was not the culprit.