Summary
This Seventh Circuit opinion reviews a federal habeas corpus petition filed by a state prisoner claiming his sentence was based on a judicial misidentification of him in a social media video. The court held that new booking photographs introduced for the first time on federal habeas review could not be considered under AEDPA’s statutory limits or the actual innocence exception. Applying the deferential standard of 28 U.S.C. § 2254(d), the court found the state appellate court’s factual determination regarding the identification was not unreasonable based on the record presented in state proceedings. Accordingly, the district court’s denial of habeas relief was affirmed.
Topics
Practice areas
Questions Presented
- Whether the district court may consider new evidence not presented in state court under the actual innocence exception.
- Whether the Wisconsin Court of Appeals' factual determination was unreasonable under AEDPA §2254(d)(2).
- Whether 28 U.S.C. §2254(e)(2) bars consideration of new evidence for a sentence challenge.
Holdings
- The district court correctly denied consideration of the booking photos; the actual innocence exception does not apply to challenges to a sentence and §2254(e)(2) bars introduction of such evidence.
- The Wisconsin Court of Appeals did not unreasonably determine the facts; its decision was not contrary to or an unreasonable application of clearly established federal law.
Key quotations
“"the need to protect the community specifically from [him] at this point is high."”
“"we have no power to layer a miscarriage-of-justice or actual-innocence exception on top of the narrow limitations already included in § 2254(e)(2)."”
Factual background
Woodson was identified by the sentencing judge in a video showing guns and drugs, although Woodson contends he was not the man in the video. He introduced booking photos at the federal habeas stage showing he differed from the video subject, but the photos were never presented in state court.
Procedural history
Woodson was convicted in Wisconsin state court and sentenced to 19 years. He sought a new sentencing hearing in state court, which was denied. After exhausting state remedies, he filed a federal habeas petition in the Eastern District of Wisconsin, which was denied. The Seventh Circuit reviewed the denial de novo.