On September 9, 2014 at 11:30 a.m. all seven justices of the Nevada Supreme Court will hear oral arguments regarding Kirstin Blaise Lobato’s habeas corpus petition that asserts she is actually and factually innocent of her 2006 convictions of charges related to Duran Bailey’s homicide in Las Vegas on July 8, 2001. Live video of the arguments can be viewed on the Nevada Supreme Court’s website at, www.supreme.nvcourts.gov. On the right hand side of the homepage click the arrow on the video screen about 11:25 a.m. to start the live video stream.
Justice Denied’s post-conviction investigation of Ms. Lobato case resulted in the discovery of new forensic, alibi and fact evidence by more than 30 witnesses that was the basis of her 770-page habeas corpus petition filed in the Clark County District Court in May 2010. After her habeas was denied in the District Court Ms. Lobato appealed to the Nevada Supreme Court in August 2011. More than three years later and after two full rounds of briefing by Ms. Lobato and the State, the Court will hear en banc oral arguments concerning three issues:
ISSUES: (1) whether the district court should have admitted and considered Lobato’s proffered evidence of actual innocence, (2) whether the district court erred in denying Lobato’s Brady claims without an evidentiary hearing, (3) whether the district court erred in denying Lobato’s ineffective assistance of counsel claims without an evidentiary hearing.
Ms. Lobato’s argument will be made by her pro bono lawyer J. Bediaku Afoh-Manin who recently relocated to Los Angeles County from New York City, and he will be assisted by Las Vegas attorney Phung Jefferson who is also representing Ms. Lobato pro bono.