Kidd v. Norman
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BYE, Circuit Judge.
A Missouri jury found Ricky Kidd guilty of first-degree murder. He received a sentence of life imprisonment without the possibility of parole. After exhausting his state court remedies, Kidd filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, Kidd alleged a Schlup 1 “gateway” claim of actual innocence hoping to resurrect ineffective-assistance-of-counsel claims which had been procedurally defaulted in his post-conviction - proceedings. Applying this court’s definition of what constitutes “new” evidence under Schlup, see Amrine v.…
2Cases cited15 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- House v. BellSupreme Court of the United States · 2006
- Frank Hubbard v. Steven Pinchak the Attorney General of the State of New Jersey Peter VernieroCourt of Appeals for the Third Circuit · 2004
- James E. Griffin, Jr. v. Dan Johnson, Superintendent, Snake River Correctional InstitutionCourt of Appeals for the Ninth Circuit · 2003
- Robert Osborne v. James D. Purkett, Superintendent, Eastern Missouri Correctional CenterCourt of Appeals for the Eighth Circuit · 2005
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3Cited by35 opinions
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- Tina Jimerson v. Dexter PayneCourt of Appeals for the Eighth Circuit · 2020
- Carter v. PierceDistrict Court, D. Delaware · 2016
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