United States Sixth Circuit

In a murder case in which a key witness in the matter later claimed that she provided perjured testimony against petitioner, that the trial prosecutor coerced her into a non-consensual sexual relationship and the perjured testimony, and the prosecutor's brother corroborated her claims, a motion for permission to file a second or successive habeas corpus petition is granted where: 1) it was not possible under the current record to determine whether the claim at issue was timely; and 2) petitioner made the requisite prima facie case necessary for permission to file a second habeas corpus petition.

Appellate Information

• Decided 01/10/2008
• Published 01/10/2008

Judges

• Before SILER, GIBBONS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert T. Smith, Jones Day, New York, New York, for Petitioner.  Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Respondent.