United States Ninth Circuit

In child molestation case, evidence from witnesses, who had no direct knowledge of the crime, but had some evidence that would impeach credibility of four-year-old victim, is not sufficient evidence of "actual innocence" to excuse procedural default of habeas petition.

Appellate Information

• Argued 11/06/2001
• Decided 12/18/2001
• Published 12/18/2001

Judges

• GOULD, Circuit Judge:, Before:  HUG, T.G. NELSON and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lucy J. Brehm,Stephen R. Sady (argued), Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.


• For Appellees:
  
• Janet A. Klapstein (argued), Assistant Attorney General, Salem, Oregon, for respondent-appellee.