Alfred Cleveland v. Margaret Bradshaw
2012 U.S. App. LEXIS 18948
| 6th Cir. | 2012Background
- Cleveland is serving life imprisonment for the 1991 murder of Marsha Blakely.
- He filed a January 21, 2010 habeas petition in the Northern District of Ohio asserting six claims.
- District court dismissed the petition as untimely, rejecting tolling arguments.
- Cleveland argues for equitable tolling based on actual innocence (Schlup gateway) and statutory tolling from a new factual predicate.
- Respondent argues the petition remains time-barred; the court must apply AEDPA’s one-year limit and limit tolling analysis.
- The court reverses, allowing review on the merits based on a credible actual-innocence showing under Schlup and related standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cleveland is entitled to tolling based on actual innocence via Schlup gateway | Cleveland relies on actual-innocence evidence to toll the period | State argues the time bar applies and Schlup tolling is not automatic | Yes; equitable tolling warranted given credible new evidence. |
| Whether Schlup's standard governs tolling and eligibility for merits review | Schlup permits review if a credible innocence claim undermines guilt | Schlup does not guarantee relief unless criteria met | Schlup gateway applicable to permit merits review. |
| Whether the new evidence is new and reliable under Schlup | Avery recantation, Dehus, Donaphin affidavits, and flight records are new and reliable | Reliability and novelty contested, some evidence argued not new | The evidence is new and reliable for Schlup purposes. |
| Whether the cumulative new evidence makes it more likely no reasonable juror would convict | Combined new evidence undermines guilt | Record still had some supporting evidence tying to Edwards and others | Yes; no reasonable juror would convict given new evidence. |
Key Cases Cited
- Schlup v. Delo, 513 U.S. 298 (Supreme Court (1995)) (actual-innocence gateway governs tolling and review)
- Souter v. Jones, 395 F.3d 577 (6th Cir. 2005) (establishes tolling framework for actual-innocence claims)
- Murray v. Carrier, 477 U.S. 478 (Supreme Court (1986)) (provides standard for proving innocence for gateway review)
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court (1979)) (requires review focus beyond mere sufficiency of evidence at trial)
- House v. Bell, 547 U.S. 518 (Supreme Court (2006)) (clarifies that not all doubts equal absolute certainty in innocence)