Solorio, Jr. v. Muniz, No. 15-71979 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit denied an application for permission to file a second or successive habeas corpus petition in federal district court based on a Brady v. Maryland claim. The panel held that petitioner failed to show that he exercised due diligence in failing to discover the evidence at issue before he filed his habeas petition. Therefore, the application was denied under 28 U.S.C. 2244(b)(2)(B)(i). The panel also held that petitioner failed to show by clear and convincing evidence that no reasonable factfinder would have found him guilty had the new evidence been known at trial pursuant to 28 U.S.C. 2244(b)(2)(B)(ii).
Court Description: Habeas Corpus The panel denied California state prisoner Guillermo Solorio Jr.’s application for permission to file a second or successive habeas corpus petition in federal district court to press a claim under Brady v. Maryland that the State of California suppressed materially exculpatory evidence that was unavailable to him when he first petitioned for habeas relief in federal court. The panel held that Solorio failed to show that he exercised due diligence in failing to discover the allegedly suppressed evidence before he filed his first-in-time habeas petition, and that 28 U.S.C. § 2244(b)(2)(B)(i) therefore compels denial of his application to file a second or successive petition. The panel held that even if he had demonstrated due diligence, 28 U.S.C. § 2244(b)(2)(B)(ii) compels denial of the application because the new evidence fails to establish a prima facie showing of actual innocence.
The court issued a subsequent related opinion or order on July 20, 2018.
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