Skip to content
Name: Jaramillo v. Stewart
Case #: 01-17531
Citation: 340 Fed.3d 877
Opinion Date: 20030820
Subsequent History: None
Summary

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.