Dist.Ct. did not err in denying defendant's habeas petition, alleging that he was actually innocent on murder charges that resulted in his conviction, based upon fact that witness who identified him as shooter at trial had submitted subsequent affidavit, indicating that someone else was shooter, and that he had identified defendant as shooter at trial only because he was afraid of actual shooter. State court, in denying defendant's post-conviction petition raising same issue, conducted hearing and found that witness' recanted testimony lacked credibility because it was inconsistent and implausible. As such, Dist. Ct. could properly deny habeas petition, where defendant failed to show by clear and convincing evidence that instant recantation, which was made 15 years after trial, was true. Also, defendant failed to establish any due process violation arising out of prosecutor's use of witness' testimony at trial, since prosecutor had no reason to know or suspect that witness' trial testimony was anything other than truth.
