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JARAMILLO v. STEWART

No. 01-17531.

340 F.3d 877 (2003)

Robert L. Jaramillo, Petitioner-Appellant, v. Terry L. Stewart, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2003.

Attorney(s) appearing for the Case

Jefferson Dorsey, Assistant Federal Public Defender, Phoenix, Arizona, for the appellant.

Randall Howe, Deputy Attorney General, Phoenix, Arizona, for the appellee.

Before: Procter Hug, Jr., John R. Gibson, and Raymond C. Fisher, Circuit Judges.

Argued and Submitted May 13, 2003 — San Francisco, California.

OPINION

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 Jaramillo the existence of an eyewitness that could have substantiated...

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