Smith v. Baldwin, 466 F.3d 805 (9th Cir. Oct. 24, 2006) (petitioner raising claim of actual innocence, and that state coerced principal witness into not testifying, may pursue federal habeas even though he did not comply with all the procedural prerequisites, holding petitioner met Schlup standard after according disputed witness' statements the benefit of the presumption of truthfulness), citing Schlup v. Denno, 513 U.S. 298, 315 (1995).

jurisdiction: 
Ninth Circuit

 

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