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CRUZ-SANCHEZ v. RIVERA CORDERO

No. 83-1674.

728 F.2d 1531 (1984)

Isidoro CRUZ-SANCHEZ, Petitioner, Appellant, v. Benito RIVERA CORDERO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 9, 1984.

Attorney(s) appearing for the Case

Jose E. Gonzalez Borgos, San Juan, P.R., with whom Fiddler, Gonzalez & Rodriguez, San Juan, P.R., was on brief, for petitioner, appellant.

Lourdes del C. Rodriguez, Asst. Sol. Gen., with whom Miguel Pagan, Deputy Sol. Gen., Dept. of Justice, San Juan, P.R., was on brief, for respondent, appellee.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Cruz Sanchez filed a habeas corpus petition in federal district court challenging his Commonwealth court rape conviction. The petition in part was based upon a claim that the Commonwealth violated the federal Constitution in failing to give him a new trial once he produced new evidence that the rape victim had lied on a collateral matter at trial. (The collateral matter consisted of her statement that she was not pregnant; the new evidence was...

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