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ANDERSON v. MORROW

No. 02-35675.

371 F.3d 1027 (2004)

Kevin Wayne ANDERSON, Petitioner-Appellant, v. Mitch MORROW, Superintendent, Oregon State Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2004.

Attorney(s) appearing for the Case

Thomas J. Hester, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Kathleen Cegla, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before: GOODWIN, HUG, and BERZON, Circuit Judges.

GOODWIN, Circuit Judge:

Kevin Anderson was convicted in 1993 of first-degree rape and sodomy under Oregon laws that prohibit having sexual intercourse with a person "incapable of consent by reason of mental defect." Or.Rev.Stat. §§ 163.375, 163.405 (the "sex crimes statutes"). He appeals the denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. He urges two points: (1) the trial court unconstitutionally excluded evidence...

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