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WHITE v. COPLAN

No. 04-1044.

399 F.3d 18 (2005)

Delvin WHITE, Petitioner, Appellant, v. Jane COPLAN, Warden, New Hampshire State Prison, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 18, 2005.

Attorney(s) appearing for the Case

David M. Rothstein, Deputy Chief Appellate Defender, Appellate Defender Program, with whom Behzad Mirhashem, New Hampshire Public Defender, was on brief for petitioner.

Andrew R. Schulman and Getman, Stacey, Schulthess & Steere, P.A. on brief for New Hampshire Association of Criminal Defense Lawyers, Amicus Curiae.

Nicholas P. Cort, Assistant Attorney General, Criminal Justice Bureau, with whom Peter W. Heed, Attorney General, was on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SARIS, District Judge.

BOUDIN, Chief Judge.

In 1997, following a jury trial in New Hampshire Superior Court, Delvin White was convicted of three counts of sexual assault against two young girls and sentenced to a term of 30 to 90 years' imprisonment. At trial he was forbidden to offer evidence that both girls had previously made such accusations against other persons, even though the state supreme court ultimately found that such prior accusations showed a reasonable probability of falsity...

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