[Download] "Baylor V. Estelle" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Baylor V. Estelle
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 04, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Ronnie Earl Baylor's trial counsel failed to follow-up on a criminalist's report that concluded that a semen sample taken from one of the victims he was convicted of sexually assaulting might not have come from Baylor. Baylor's petition for writ of habeas corpus filed in the California Supreme Court, which raised ineffective assistance of counsel, was denied without citation to authority; his federal petition pursuant to 28 U.S.C. § 2254 was granted following an evidentiary hearing. The state has timely appealed, challenging the writ under the "old law," and arguing in addition that the new provisions of § 2254*fn1 (enacted April 24, 1996, after the district court's decision was rendered and opening briefs were filed) in the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214, (Antiterrorism Act), apply to this appeal and also require reversal.