United States Ninth Circuit

A habeas petitioner's failure to discover new evidence was not due to lack of diligence, and he need not satisfy 28 U.S.C. section 2254 with regard to an "actual innocence" claim; remanded for hearing.

Appellate Information

• Argued 05/13/2003
• Decided 08/20/2003
• Published 08/20/2003

Judges

• HUG, Circuit Judge:, Before:  HUG, GIBSON, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jefferson Dorsey, Assistant Federal Public Defender, Phoenix, AZ, for the appellant.


• For Appellees:
  
• Randall Howe, Deputy Attorney General, Phoenix, AZ, for the appellee.