DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101375P.pdf 08/29/2011 Ricky Kidd v. Jeff Norman
U.S. Court of Appeals Case No: 10-1375
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit
Judges]
Prisoner case - habeas. The district court correctly interpreted Amrine
v. Bowersox, 238 F.3d 1023 (8th Cir. 2001) as requiring Kidd to come
forward not only with new reliable evidence which was not presented at
trial, but to come forward with new reliable evidence which was not
available at trial through the exercise of due diligence; as result, under
these facts, the district court did not err in finding Kidd had failed to
present new reliable evidence in support of his Schlup "gateway" clam of
actual innocence.