United States Ninth Circuit

In a habeas matter involving a prosecution for lewd and lascivious acts on a child, the denial of the petition is reversed where the trial court erred in prohibiting Petitioner from introducing evidence that the victim had made prior claims of her own sexual appeal, because such evidence was clearly relevant to impeach the victim.

Appellate Information

• Argued 04/13/2009
• Decided 06/16/2009
• Published 06/16/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before THOMAS G. NELSON, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne Adele Luban, Oakland, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Dane R. Gillette, Michael P. Farrell, Brian G. Smiley, and Tami M. Warwick, Office of the California Attorney General, Sacramento, CA, for the respondent-appellee.