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WASHINGTON v. SCHRIVER

No. 00-2195.

240 F.3d 101 (2001)

Jeffrey WASHINGTON, Petitioner-Appellant, v. Sunny SCHRIVER, Superintendent, Wallkill Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2001.

As Amended: February 14, 2001.

Attorney(s) appearing for the Case

John R. Cuti, Emery Cuti Brinckerhoff & Abady PC, New York, N.Y. (Ilann M. Maazel, Paul Skip Laisure, on the brief), for Petitioner Jeffrey Washington.

Nancy D. Killian, Assistant District Attorney, Bronx County, NY, for Robert T. Johnson, District Attorney, Bronx County (Joseph N. Ferdenzi, Assistant District Attorney, on the brief), for Respondent Sunny Schriver.

Before CARDAMONE, CALABRESI, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

Petitioner Jeffrey Washington was convicted in Bronx County Supreme Court of raping his then five-year-old daughter while she visited him for the weekend of April 13-14, 1991. The petitioner did not deny that his daughter had been sexually abused, but contended that she had been raped by someone else and then coached by her mother, and perhaps also her godmother, to blame the crime on him. To buttress...

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