Berry v. State
Annotate this CaseAppellant was found guilty by a jury of first-degree murder with the use of a deadly weapon, burglary, and robbery. The Supreme Court affirmed. Appellant later filed a third postconviction petition for a writ of habeas corpus, alleging newly discovered evidence and asserting nine claims. Appellant supported his petition with declarations that, if true, may establish a gateway claim of actual innocence. The district court dismissed Appellant’s petition without allowing discovery or conducting an evidentiary hearing. The Supreme Court reversed, holding that the district court improperly discounted the declarations offered in support of Appellant’s petition, which presented specific factual allegations of Appellant’s innocence that were not belied by the record and were sufficient to merit discovery and an evidentiary hearing on Appellant’s gateway actual innocence claim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.