Carlos Rodriguez v. Larry Kincheloe, Superintendent of the Spring Creek Correctional Center

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos RODRIGUEZ, Plaintiff-Appellant, v. Larry KINCHELOE, Superintendent of the Spring Creek Correctional Center, Defendant-Appellee. No. 95-35164. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1995. Decided March 28, 1996. 1 Before: D.W. NELSON and NOONAN, Circuit Judges, and TANNER, * District Judge. 2 MEMORANDUM ** BACKGROUND 3 In 1983, Carlos Rodriguez was tried before a jury on numerous counts of sexual misconduct involving several juvenile males. S.W., in prison at the time on unrelated matters, testified against Rodriguez, alleging three acts of sexual misconduct by Rodriguez. Rodriguez was ultimately convicted of 25 counts of sexual misconduct. Rodriguez filed an application for post-conviction relief in the state court alleging that the state failed to disclose an alleged sentence modification agreement between the State and S.W. The trial court denied the application based…