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.
102434P.pdf 08/24/2012 Terrick Nooner v. Ray Hobbs
U.S. Court of Appeals Case No: 10-2434
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Melloy, Author, with Bye, Circuit Judge, and Smith
Camp, District Judge]
Prisoner case - habeas. For the court's opinion in Nooner's first habeas
action, see Nooner v. Norris, 402 F.3d 801 (8th Cir. 2005). District court
did not err in finding that the expert testimony upon which Nooner's
successive habeas relied was not new evidence; nor did the court err in
finding the evidence provided by certain witnesses in connection with
Nooner's actual innocence claim was not credible or reliable; having
determined that Nooner's evidence is not reliable or new, it is
unnecessary for the court to conduct a further Schlup analysis; in the
alternative, considering the proffered evidence in the context of the trial
evidence, the evidence was not particularly convincing and would have
been easily marginalized; as a result, Nooner failed to show that it was
more likely than not that no reasonable juror would have found him guilty
beyond a reasonable doubt.