Dist. Ct. did nor err in dismissing as time-barred defendant’s habeas petition that was filed more than one year after defendant’s conviction of sexual assault of defendant’s son had become final. While defendant attempted to overcome instant one-year time bar by claiming that he was actually innocent of sexual assault charge based upon his son’s recantation of his allegations against defendant, Dist. Ct. properly applied probabilistic standard to find that reasonable juror was likely to find that son’s original testimony was credible, where son gave inconsistent statements in his explanation for 3-year delay in generating recantation affidavit, and where son’s possible motives to falsely recant were consistent with expert testimony. Moreover, Dist. Ct. could properly find that defendant did not meet threshold requirement that no juror, acting reasonably, would have voted to find defendant guilty beyond reasonable doubt in light of son’s recantation.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus