Nooner v. Hobb
Court: 8th Circuit Court of Appeals
Opinion Date: August 24, 2012
Petitioner, 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.
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