08-3537 Coleman v. Hardy

By: WISCONSIN LAW JOURNAL STAFF//November 19, 2010//

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Criminal Procedure
Ineffective assistance; actual innocence

Where a co-defendant averred that the defendant had no involvement in the crime, the defendant should have been permitted an evidentiary hearing to claim actual innocence.

“Here, an evidentiary hearing is warranted if the facts underlying Coleman’s claim could establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found him guilty. 28 U.S.C. § 2254(e)(2)(B). The new evidence of Barnes’s and Rhodes’s affidavits, combined with the available testimony of the Wilkinses, the Cades, and Adamson, fulfill this standard. An evidentiary hearing is warranted to develop this evidence.”

Remanded.

08-3537 Coleman v. Hardy

Appeal from the United States District Court for the Northern District of Illinois, St. Eve, J., Williams, J.

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