Legal Opinion

William Ernest Kuenzel v. Commissioner, Alabama Department of Corrections

Court of Appeals for the Eleventh Circuit

Decided August 17, 2012No. 10-10283PublishedCited by 37 opinions

1Per curiam

Petitioner William Ernest Kuenzel, a state prisoner, appeals the district court’s dismissal of his habeas corpus petition under 28 U.S.C. section 2254. Because Peti tioner’s claims are proeedurally barred under state law and he has made no attempt to demonstrate cause for — or prejudice from — his default, Petitioner cannot obtain relief without properly supporting a claim of actual innocence. Petitioner is unable to carry this heavy burden; so we affirm the dismissal of his petition.

BACKGROUND

Petitioner was tried and convicted in Alabama for the capital murder of Linda Offord, a convenience…

2Cases cited10 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. House v. BellSupreme Court of the United States · 2006
  4. United States v. JerniganCourt of Appeals for the Eleventh Circuit · 2003
  5. Allen v. SiebertSupreme Court of the United States · 2007

5 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Kuenzel v. StateCourt of Criminal Appeals of Alabama · 2015
  2. Armey v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2022
  3. Babichev v. Secretary Florida Department Of Corrections (Duval County)District Court, M.D. Florida · 2021
  4. Boyington v. Secretary, Department of Corrections (Suwannee County)District Court, M.D. Florida · 2021
  5. Bryant v. ToneyDistrict Court, S.D. Alabama · 2021

32 more not listed; retrieve them via the Exa API.

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