Holmes v. Hardy

Dist. Ct. did not err in denying defendant's habeas petition challenging his murder conviction, after finding that defendant had procedurally defaulted claims that prosecutor improperly withheld exculpatory evidence and knowingly used false testimony by expert witnesses. Defendant did not raise said issue until he filed 4th post-conviction petition, and state appellate court expressly found that defendant had procedurally waived said claims since defendant had failed to show that he could not have raised them in earlier pleadings. Defendant also failed to establish any reasonable cause for waiting until fourth post-conviction to raise said issues when he admitted in state court that he was aware of said issues prior to filing third post-conviction petition, and record otherwise did not establish that defendant was actually innocent of charged offense.