Scott Jones v. Jeri Taylor

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. Based on these recantations, Jones brought a federal habeas petition seeking relief based on a freestanding claim of actual innocence. The district court assumed that a freestanding actual innocence claim existed in this context and granted relief. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253 and, for the reasons discussed below, we reverse.

I.

A.

Jones was convicted of three counts of unlawful sexual penetration in the first degree pursuant to Oregon Revised Statute § 163.411 for the sexual abuse of his sister, S.J. He was sentenced to three concurrent 100-month terms of imprisonment, plus a consecutive 75-month term for a related offense. His conviction and sentence were affirmed on direct appeal.

At Jones’ 2003 trial, S.J. testified that…