PETERS v. WHITLEY

No. 90-3296.

942 F.2d 937 (1991)

Willie PETERS, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1991.


Attorney(s) appearing for the Case

Virginia L. Schlueter, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, La., for petitioner-appellant.

Val M. Solino, Susan S. Kreston, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before Reynaldo G. GARZA, POLITZ, and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

The difficult question in this case is evaluating from a constitutional perspective the evidence, consisting almost entirely of the testimony of a severely mentally retarded young woman, which convicted the petitioner of simple rape. A careful review of the record convinces us that the state trial court did not render the prosecution fundamentally unfair by admitting the complainant's testimony. Because we also reject petitioner's other...

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