Legal Opinion

Cunningham v. District Attorney's Office for Escambia County

Court of Appeals for the Eleventh Circuit

Decided January 6, 2010No. 07-10808PublishedCited by 169 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Dewayne S. Cunningham is an Alabama prisoner serving a life sentence after having been convicted in 1996 of rape in the first degree. A decade after he was convicted, eight years after his conviction became final at the end of the direct appeal process, and following more than half a dozen separate attacks on his conviction in state and federal court, Cunningham filed a 42 U.S.C. § 1983 lawsuit. This lawsuit, brought on Cunningham’s behalf by the Wisconsin Innocence Project, seeks an order requiring Alabama authorities to send certain evidence to a forensic laboratory of…

2Cases cited45 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  4. Schlup v. DeloSupreme Court of the United States · 1995
  5. Lewis v. CaseySupreme Court of the United States · 1996

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3Cited by169 opinions

  1. Rolando Gus Paez v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  2. Alvarez v. Attorney General for Fla.Court of Appeals for the Eleventh Circuit · 2012
  3. Billy Raulerson v. WardenCourt of Appeals for the Eleventh Circuit · 2019
  4. Interline Brands, Inc. v. Chartis Specialty Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2014
  5. Frank L. Amodeo v. FCC Coleman - Low WardenCourt of Appeals for the Eleventh Circuit · 2021

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