Legal Opinion

Thomas Cress v. Carmen Palmer, Warden, Riverside Correctional Facility

Court of Appeals for the Sixth Circuit

Decided April 5, 2007No. 05-1798PublishedCited by 230 opinions

1Opinion of the Court

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner, Thomas Cress, is a Michigan state prisoner serving a life sentence for first-degree felony murder. He appeals from the district court’s order dismissing his second habeas petition, filed pursuant to 28 U.S.C. § 2254. The petitioner contends that his due process rights were violated when (1) physical evidence related to his case was destroyed after his appeals were completed, (2) the state post-conviction court rejected as incredible the recantation evidence that he proffered, and (3) the state post-conviction court did not grant him…

2Cases cited27 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Pennsylvania v. FinleySupreme Court of the United States · 1987

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3Cited by230 opinions

  1. Keith Smith v. Noah NagyCourt of Appeals for the Sixth Circuit · 2020
  2. Leonard v. Warden, Ohio State PenitentiaryCourt of Appeals for the Sixth Circuit · 2017
  3. Cedric Cal v. Jason GarnettCourt of Appeals for the Seventh Circuit · 2021
  4. Jesse Andrews v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2015
  5. Moreland v. BradshawDistrict Court, S.D. Ohio · 2009

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