United States Ninth Circuit

Petition for writ of habeas corpus was properly denied, where defendant's attempts to discredit and impeach witness testimony did not constitute sufficient "newly presented evidence" that might show actual innocence or call into question the reliability of a conviction for rape.

Appellate Information

• Argued 03/20/2002
• Decided 06/06/2002
• Published 06/06/2002

Judges

• Before:  SCHROEDER, Chief Judge, and REINHARDT, TROTT, RYMER, HAWKINS, TASHIMA, SILVERMAN, MCKEOWN, FISHER, PAEZ, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis N. Balske, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Janet A. Klapstein, Deputy Attorney General, Salem, OR, for the respondent-appellee.