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Name: Jaramillo v. Stewart
Case #: 01-17531
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/20/2003
Subsequent History: None

The court held that petitioner’s claim of actual innocence was sufficient to require a hearing before the district court to determine whether the facts justified relief, despite the fact that petitioner’s habeas petition was otherwise procedurally defaulted. Petitioner offered a declaration from an undisclosed prosecution witness to the incident which supported petitioner’s claim of self-defense and the witness’ declaration that he had been interviewed by the prosecution.