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JONES v. TAYLOR

No. 13-36202.

763 F.3d 1242 (2014)

Scott Douglas JONES, Petitioner-Appellee, v. Jeri TAYLOR, Superintendent, Two Rivers Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2014.

Attorney(s) appearing for the Case

Ellen F. Rosenblum , Attorney General of Oregon, Anna M. Joyce , Solicitor General, Paul L. Smith (argued), Attorney-in-Charge, Criminal and Collateral Remedies Appeals, Oregon Department of Justice, Salem, OR, for Respondent-Appellant.

Ellen C. Pitcher (argued), Assistant Federal Public Defender, Portland, OR, for Petitioner-Appellee.

Before: ARTHUR L. ALARCÓN, A. WALLACE TASHIMA, and SANDRA S. IKUTA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

In 2003, Petitioner Scott Jones was convicted of unlawful sexual penetration for the sexual abuse of his sister, S.J. Jones' conviction was based primarily on S.J.'s testimony that Jones inserted his finger inside her vagina on multiple occasions, as well as testimony by S.J.'s and Jones' father, Ken Jones, and sister, Jennifer Pond, that Jones admitted to penetrating S.J.

All three witnesses now recant their testimonies...

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