United States v. Baxter, II

Defendant, convicted of multiple counts of defrauding the Washington Teachers Union, appealed the denial of his motion to vacate his convictions under 28 U.S.C. 2255. The court concluded that defendant has not stated a Brady claim that "jurists of reason" would find debatable and, therefore, the court denied his request for a certificate of appealability (COA) on this issue; although the court granted a COA on defendant's Skilling claim, he cannot overcome the procedural default that bars the court from considering his claim on the merits; and the court granted a COA on defendant's Adefehinti claim but concluded that he failed to carry his burden of showing the actual innocence required to overcome his untimely filing. Accordingly, the court affirmed the judgment of the district court. View "United States v. Baxter, II" on Justia Law