United States Ninth Circuit

On remand from the Supreme Court, denial of a petition for a writ of habeas corpus from convictions on charges associated with the alleged sexual abuse of petitioner's then-six-year-old step daughter is affirmed as a state court's decisions regarding the admissibility of the child victim's hearsay statements did not involve an unreasonable application of clearly established federal law, and were not based on an unreasonable determination of the facts. (Substituted opinion)

Appellate Information

• Argued 06/13/2007
• Decided 10/12/2007
• Published 10/12/2007

Judges

• Before:  J. CLIFFORD WALLACE, JOHN T. NOONAN, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Franny A. Forsman, Federal Public Defender, Las Vegas, NV, for petitioner Marvin Howard Bockting.


• For Appellees:
  
• Victor-Hugo Schulze, II and Rene L. Hulse, Nevada State Attorney General's Office, for respondent Robert Bayer.