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Name: In re Roe
Case #: 01-70967
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/24/2001
Subsequent History: None
Summary

After being convicted in state court of two counts of first degree murder and being sentenced to life without possibility of parole, [Roe] filed a federal habeas petition alleging his factual innocence. The federal district court admitted him to bail, citing the gravity of the petition’s allegations, the record developed so far outlined his failing health and the delatory pace of the proceedings. The Court of Appeal held it was error to do so. It concluded that it was not an extraordinary case involving special circumstances or a high probability of success. The only evidence of innocence relied on by the trial court was the statement of a codefendant, whose credibility was under attack by the People.