Document Type
Case Summary
Publication Date
12-24-2015
Case Synopsis
The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.
Recommended Citation
Shipp, Brittany L., "Berry v. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015)" (2015). Nevada Supreme Court Summaries. 930.
https://scholars.law.unlv.edu/nvscs/930
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