SISTRUNK v. ARMENAKIS

No. 99-36000.

271 F.3d 1174 (2001)

Emanuel M. SISTRUNK, Petitioner-Appellant, v. Nicholas ARMENAKIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2001

As Amended November 30, 2001.


Attorney(s) appearing for the Case

Dennis N. Balske, Assistant Federal Public Defender, Portland, Oregon, for the appellant.

Denise G. Fjordbeck, Assistant Attorney General, Salem, Oregon, for the appellee.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and SCHWARZER, District Judge.


Opinion by Judge KLEINFELD; Dissent by Judge KOZINSKI

KLEINFELD, Circuit Judge.

This case involves a procedurally barred habeas petition. The issue is whether the petitioner has presented evidence of actual innocence sufficiently strong to avoid the procedural barriers to raising an issue that would otherwise be procedurally barred.

Facts

In 1986, Sistrunk was convicted of forcibly raping a little girl. His jury trial took place in an Oregon...

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