Bowman

Bowman v. Warchol

Good Law
282 F. App'x 617
United States Court of Appeals for the Ninth CircuitJune 16, 2008No. 07-15154California393 words

Opinion

Lead Opinion

MEMORANDUM ***

1. We answer the certified question, namely whether the trial court violated due process by failing to grant Bowman a continuance to prepare a motion for a new trial based on newly discovered evidence of false allegations of sexual abuse against others made by the victim, in the negative. 1 The state court’s determination was neither contrary to, nor did it involve an unreasonable application of, “clearly established Federal law, as determined by the Supreme Court of the United States;” likewise, it did not “resul[t] in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

2. In respect to the other claims raised by Bowman, namely (1) post-trial forensic analysis of a taped pretext call shows that he did not confess to engaging in sex acts with the victim, and constitutes newly-discovered exculpatory evidence, (2) the state and district courts violated Brady by failing to order disclosure of records from a juvenile dependency proceeding that allegedly show that the victim made additional false accusations of abuse, (3) the district court failed to grant an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.