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GILPIN v. McCORMICK

No. 90-35147.

921 F.2d 928 (1990)

Joel GILPIN, Petitioner-Appellant, v. Jack McCORMICK, Warden of Montana State Prison; Marc Racicot, Attorney General of State of Montana; and Mike Shafer, Sheriff of Yellowstone County, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1990.

Attorney(s) appearing for the Case

Stephen C. Moses, Billings, Mont., for petitioner-appellant.

Patricia J. Schaeffer Jordan, Asst. Atty. Gen. of Montana, Marc Racicot, Montana Atty. Gen., Helena, Mont., for respondents-appellees.

Before HUG, and NELSON, Circuit Judges, and WALKER, District Judge.

DOROTHY W. NELSON, Circuit Judge:

Montana prisoner Joel Gilpin was convicted of sexually assaulting two girls, ages eleven and twelve, and sentenced to two consecutive four-year terms. He brings this habeas petition, arguing that 1) the failure of the court to order a psychiatric examination of the girls denied him due process; 2) this failure also denied him the right of confrontation; and 3) the evidence was insufficient to support the convictions. We affirm the...

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