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CRUZ-SANCHEZ v. RIVERA-CORDERO

No. 87-1623.

835 F.2d 947 (1987)

Isidoro CRUZ-SANCHEZ, Petitioner, Appellant, v. Benito RIVERA-CORDERO, etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 30, 1987.

Rehearing Denied January 21, 1988.

Motion for Stay of Issuance of Mandate and Reconsideration of Denial of Rehearing Denied February 3, 1988.

Attorney(s) appearing for the Case

Jose E. Gonzalez Borgos, with whom, Jay A. Garcia Gregory and Fiddler, Gonzalez & Rodriguez, were on brief, for petitioner, appellant.

Vannessa Ramirez, Asst. Sol. Gen., with whom Rafael Ortiz Carrion, Sol. Gen., and Norma Cotti Cruz, Deputy Sol. Gen., were on brief, for respondents, appellees.

Before COFFIN, BOWNES and SELYA, Circuit Judges.

BOWNES, Circuit Judge.

In 1978, a Puerto Rico court convicted the appellant, Isidoro Cruz-Sanchez, of rape. After denial of his post-conviction appeal, Cruz-Sanchez filed a motion for a new trial, alleging that the government's primary witness, the victim Carmen Rodriguez Reyes, had committed perjury during trial by denying that she was pregnant. The motion for a new trial was denied. Cruz then filed a motion with the Supreme Court of Puerto Rico under Rule 192.1...

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