United States Eighth Circuit

In a case where one of the victims of sexual abuse and assault offenses recanted her testimony after a jury conviction at trial, district court's judgment is reversed insofar as it denied defendant's request for an evidentiary hearing based on the reported recantation where: 1) no physical evidence corroborated with victim's original trial testimony; and 2) defendant's conviction relied heavily on victim's purported testimony.

Appellate Information

• Decided 03/28/2008
• Published 03/28/2008

Judges

• MELLOY, Circuit Judge., Before MELLOY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Al J. Arendt, argued, Pierre, SD, for Appellant.


• For Appellees:
  
• Mikal Gene Hanson, argued, Pierre, SD, for Appellee.