Eric King v. Ernest Trujillo, No. 11-70847 (9th Cir. 2011)
Annotate this CaseDefendant appeals his conviction for armed robbery and murder, requesting permission to file a successive application for a writ of habeas corpus and a stay of execution. At issue is whether defendant has made a prima facie showing to the court that his claim was based on newly discovered evidence and established that he is actually innocent of the alleged crime. The court held that defendant was not entitled to make a successive application for a writ of habeas corpus where his lack of memory has neither shown that he was actually innocent or negated the impact of the substantial other evidence against him and where defendant did not demonstrate either due diligence or actual innocence as to any of his claims. The court also held that there was no need to engage in any further investigation or fact-finding where defendant's successive application for a writ of habeas corpus "presents no substantial ground on which relief might be granted," and therefore, denied defendant's request for a stay of execution.
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