Hatch

MEMORANDUM *

Billy W. Hatch, Jr. sought habeas corpus relief from his Oregon convictions for *615 unlawful sexual penetration and sexual abuse and appeals from denial of his petition by the district court.

Hatch challenges the state trial court’s exclusion of evidence that he agreed to take a polygraph test. He also asserts ineffective assistance of counsel on four grounds: (1) counsel’s failure to present a credible defense theory, (2) counsel’s inadequate cross-examination of the witnesses, (3) counsel’s decision not to introduce certain medical evidence, and (4) counsel’s choice not to seek a mistrial. Since Hatch did not raise in state court his challenge to the trial judge’s evidentiary decision and his first claim of ineffective assistance based on counsel’s failure . to provide a credible defense theory, those claims are now procedurally barred. See Baldwin v. Reese, 541 U.S. 27, 29 , 124 S.Ct. 1347 , 158 L.Ed.2d 64 (2004). Nor has he overcome such procedural bar by showing “cause and prejudice.” See Coleman v. Thompson, 501 U.S. 722, 748 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). We have not been shown “new rehable evidence” of actual innocence, which would allow us to…