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GREENE v. HENRY

No. 01-15938.

302 F.3d 1067 (2002)

Milton Tony GREENE, Petitioner-Appellee, v. I.C. Haunani HENRY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2002.

Attorney(s) appearing for the Case

David A. Lowe (briefed), Deputy Attorney General, David Andrew Eldridge (argued), Deputy Attorney General, Sacramento, CA, for the appellant.

Wesley Andrew Van Winkle, Berkeley, CA, for the appellee.

Before RYMER, KLEINFELD and McKEOWN, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge.

This case involves a petition for a writ of habeas corpus based on ineffective assistance of counsel.

I. Facts

The facts in this case are extremely difficult to ascertain. Milton "Tony" Greene was convicted of two counts of forcible oral copulation, foreign object rape, and rape.1 But Sherry Esposto, the purported victim, testified that he did not rape her, that he was her fianc...

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