United States Eighth Circuit

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US v. Rojas, 07-1287

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.