Coleman v. Hardy

Dist. Ct. erred in denying defendant's habeas petition challenging his murder conviction on grounds that his trial counsel was ineffective. While defendant had procedurally defaulted his claim, Dist. Ct. should have granted defendant's request to conduct evidentiary hearing based on defendant's claim of actual innocence where: (1) defendant produced new affidavit from co-defendant indicating that third-party, as opposed to defendant, was involved in charged offense; and (2) statements made by neighbors of victim did not implicate defendant in charged offense. On remand, Dist. Ct.will have opportunity to evaluate veracity of co-defendant's affidavit and to give trial counsel opportunity to explain why he failed to call two potential alibi witnesses.