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Coleman v. Hardy

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ARGUED NOVEMBER 30, 2009

Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.

In 1983, Maurice Coleman was convicted of the murder and armed robbery of Terrell Jackson. The sole evidence in the trial against him was the eyewitness testimony of Jackson’s brother and stepdaughter, who were present in the home on the day of the murder. Coleman sought habeas corpus relief from his sentence, claiming that he was deprived of his Sixth Amendment right to effective assistance of counsel. He also requested an evidentiary hearing to allow the court to make factual findings and credibility determinations regarding his claims of actual innocence and ineffective assistance of counsel. The district court denied Coleman’s habeas petition and his request for an evidentiary hearing. Because we cannot meaningfully review Coleman’s habeas petition without more information regarding the content of potential witnesses’ testimony, we remand to the district court for an evidentiary hearing as to his claim of actual innocence.

 
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