Thomas v. Williams

Dist. Ct. did not err in denying defendant’s habeas petition challenging his 2001 murder conviction on ground that prosecutor committed Brady violation by withholding evidence from unidentified gang members who indicated that someone else was shooter of murder victim, where Dist. Ct. could properly find that defendant had procedurally defaulted said claim after state court had found that defendant had failed to raise instant Brady violation in his first post-conviction petition. Ct. rejected defendant’s argument that he actually raised Brady claim in first post-conviction petition where defendant merely argued that he was actually innocent based on newly discovered information provided by instant unknown gang members. Moreover, defendant failed to present sufficient evidence of actual innocence to excuse instant procedural default, where: (1) defendant failed to provide identity of individuals naming someone else as shooter so that such information could be verified; and (2) evidence against defendant at trial was strong where five individuals identified him as shooter.