Nooner v. Hobb, No. 10-2434 (8th Cir. 2012)
Annotate this CasePetitioner, convicted of capital felony murder in the course of a robbery and sentenced to death, petitioned for habeas relief, asserting actual innocence. The court found no clear error in the district court's determination that the expert testimony at issue was not "new" evidence; the district court did not err in its reliability and credibility assessments; there was no error in the district court's predictive analysis of how actual jurors would view the totality of the evidence regarding actual innocence; and even assuming error, there was no prejudice. Accordingly, the court affirmed the judgment.
Court Description: Prisoner case - habeas. For the court's opinion in Nooner's first habeas action, see Nooner v. Norris, 402 F.3d 801 (8th Cir. 2005). District court did not err in finding that the expert testimony upon which Nooner's successive habeas relied was not new evidence; nor did the court err in finding the evidence provided by certain witnesses in connection with Nooner's actual innocence claim was not credible or reliable; having determined that Nooner's evidence is not reliable or new, it is unnecessary for the court to conduct a further Schlup analysis; in the alternative, considering the proffered evidence in the context of the trial evidence, the evidence was not particularly convincing and would have been easily marginalized; as a result, Nooner failed to show that it was more likely than not that no reasonable juror would have found him guilty beyond a reasonable doubt.
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