Robert L. Jaramillo v. Terry L. Stewart

Robert Lopez Jaramillo appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by guilty plea to first degree murder of another prisoner. Jaramillo seeks relief based upon newly discovered evidence. The State failed to reveal to Jar-amillo the existence of an eyewitness that could have substantiated a viable argument of self-defense. Jaramillo contends that this constituted a constitutional defect in the trial in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Jaramillo filed a petition for habeas corpus before the state post-conviction state court, which denied the petition. Jaramillo’s appeal was not timely filed and was dismissed on that basis. The federal district court dismissed Jaramillo’s petition without a hearing on the basis of procedural default. This appeal concerns whether Jaramillo’s claim of actual innocence is sufficient to require a hearing before the district court to determine whether the facts justify consideration of the merits of the constitutional claim, despite the procedural default. We reverse and remand for a hearing.

I

On January 3, 1984, at a state prison…