United States Seventh Circuit
Coleman v. Hardy, 08-3537
District court's denial of defendant's petition for habeas relief from his 1983 murder conviction and denial of his request for an evidentiary hearing is remanded as an evidentiary hearing is warranted if the facts underlying defendant's claim could establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found him guilty, and here, the new evidence of witnesses' affidavits, combined with the available testimony of other witnesses fulfill standard.
Appellate Information
- Argued 11/30/2009
- Decided 11/19/2010
- Published 11/19/2010
Judges
Court
- United States Seventh Circuit