Narrative Opinion Summary
Everlee Hicks appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition by the District Court. The Eighth Circuit reviewed the record de novo and concurred with the Magistrate Judge's report, which determined that Hicks's claims were procedurally defaulted. Additionally, Hicks failed to present evidence of actual innocence, which is necessary to overcome procedural default according to the standard set in Schlup v. Delo. The Eighth Circuit affirmed the District Court's decision. The case was presided over by Circuit Judges Bowman, Henley, and Wollman, with Judge Gunn of the District Court adopting the Magistrate Judge's recommendations.
Legal Issues Addressed
Actual Innocence Standard to Overcome Procedural Defaultsubscribe to see similar legal issues
Application: Hicks's failure to present evidence of actual innocence prevents him from overcoming the procedural default of his claims, following the standard established in Schlup v. Delo.
Reasoning: Additionally, Hicks failed to present evidence of actual innocence, which is necessary to overcome procedural default according to the standard set in Schlup v. Delo.
Procedural Default in Habeas Corpus Petitionssubscribe to see similar legal issues
Application: The Eighth Circuit affirms the dismissal of Hicks's habeas corpus petition due to procedural default, as the claims were not properly preserved for review.
Reasoning: The Eighth Circuit reviewed the record de novo and concurred with the Magistrate Judge's report, which determined that Hicks's claims were procedurally defaulted.