Clark v. Nagy

Michigan man is convicted of murder based on the previously recorded testimony of a woman who refused to testify at trial. Shortly after the trial, and repeatedly over the following decade, the witness recants her testimony, claims she was pressured into it by a cop who threatened to have her kids taken away. Also, another eyewitness comes forward claiming she saw the actual killer but did not disclose this earlier because her father, a police officer, told her not to. Enough for a habeas petition? Sixth Circuit: It’s certainly enough for the district court to hold an evidentiary hearing, which we now instruct it to do.

Tags: 2019, Habeas Corpus, Police, Sixth Circuit

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