No. 23-651

John Lowery v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2023-12-15
Status: Denied
Type: Paid
Tags: actual-innocence constitutional-claims constitutional-review credibility-findings eyewitness-recantation gateway-innocence recantation sixth-circuit sixth-circuit-deference state-court-deference suppressed-evidence
Latest Conference: 2024-02-16
Question Presented (from Petition)

I. Whether the Sixth Circuit, after applying a blanket rule of deference, erroneously deferred to the state court's credibility findings when reviewing John Lowery's gateway innocence claim even though the state court's findings rested on clearly incorrect factual premises.

II. Whether John Lowery made a credible showing of actual innocence allowing a federal court to review his constitutional claims given that: (1) the only eyewitnesses against him have recanted, which was also the only proof of his guilt; and (2) a disinterested witness whom the State suppressed has come forward and testified John Lowery was not the culprit.

Question Presented (AI Summary)

Whether the Sixth Circuit erroneously deferred to the state court's credibility findings on a gateway innocence claim

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-24
2024-01-15
2023-12-13

Attorneys

John Lowery
Daniel Scott HarawaNYU School of Law Federal Appellate Clinic, Petitioner
Mike Parris
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent