Coleman v. Hardy, 08-3537

Denial of defendant's request for habeas relief remanded for an evidentiary hearing

Coleman v. Hardy, 08-3537, concerned a challenge to the district court's denial of defendant's petition for habeas relief from his 1983 murder conviction and denial of his request for an evidentiary hearing.

In remanding the matter, the court held that an evidentiary hearing is warranted if the facts underlying defendant's claim could establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found him guilty.  And in this case, the court concluded that the new evidence of witnesses' affidavits, combined with the available testimony of other witnesses fulfill standard.

Related Link:

• Read the Seventh Circuit's Full Decision in Coleman v. Hardy, 08-3537