Cornelious Perry v. Ruth L. Rushen

The appellant, Cornelious Perry, was convicted of aggravated assault in California Superior Court. Contending that the exclusion of two defense witnesses violated due process, Perry petitioned for a writ of habeas corpus in federal district court. The district court denied the petition, and Perry appeals. We affirm.

FACTS

A young woman, walking through Golden Gate Park at about 4:30 p.m., stopped to ask directions of a man who was jogging with a dog. The man gave her directions and then, against her wishes, began to walk with her. The man offered her some money, which she refused. He then grabbed her around the neck and began trying to pull her off the path. When the woman screamed and clung to tree branches, he banged her head against them. The screams attracted bystanders. The assailant fled. One citizen chased the assailant and, as the chase neared a police station, ran in to get help. Emerging, the citizen saw a man standing on the sidewalk with his dog. The citizen told the police that this was the man he had been chasing, and the police arrested him. The man was Perry.

The victim identified Perry as her assailant at the police station shortly after the attack and again at…