OPINION
FOLEY, District Judge:
William Sipsas was convicted of first degree murder and child abuse for the death of his live-in girl friend's five-year old daughter, Jennelle Kay Rahja. Jennelle bled to death as a result of a blunt force injury to her abdomen, which ruptured her mesentery.
Sipsas testified that on the day of her death, Jennelle had choked on a sandwich and he stopped the choking by use of the Heimlich...
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