Legal Opinion

Robert L. Jaramillo v. Terry L. Stewart

Court of Appeals for the Ninth Circuit

Decided August 20, 2003No. 01-17531PublishedCited by 60 opinions

1Opinion of the Court

HUG, Circuit Judge:

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…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. Herrera v. CollinsSupreme Court of the United States · 1993

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3Cited by60 opinions

  1. Larry Pat Souter v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2005
  2. Rozzelle v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  3. Smith v. BaldwinCourt of Appeals for the Ninth Circuit · 2007
  4. McSwain v. DavisCourt of Appeals for the Sixth Circuit · 2008
  5. United States v. Mark AveryCourt of Appeals for the Ninth Circuit · 2013

55 more not listed; retrieve them via the Exa API.

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