William Gerald Broyles v. Samuel Lewis, Director, Arizona Department of Corrections Attorney General for the State of Arizona

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Gerald BROYLES, Petitioner-Appellant, v. Samuel LEWIS, Director, Arizona Department of Corrections; Attorney General for the State of Arizona, Respondents-Appellees. No. 94-16141. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1995. Decided Sept. 1, 1995. Before: NORRIS, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * BACKGROUND 2 Broyles was tried in the Superior Court of Coconino County, Arizona on four counts of molesting his adopted step daughters. Three counts related to his older daughter, Linda, and one count related to his younger daughter, Sherry. On February 28, 1985, when Linda was fourteen, she told a teacher that Broyles had sexually molested her in the past. Sherry subsequently was questioned and she echoed the accusation. The state's case focused almost exclusively on Linda's testimony, however, because Sherry had recanted her accusations prior to trial.…