Legal Opinion
Swan v. Peterson
Court of Appeals for the Ninth Circuit
Decided October 6, 1993No. 92-35493PublishedCited by 77 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
When the crime is child sexual abuse, one of the more difficult to detect and prosecute, a conviction hinges often on the words of children. What makes this case troubling is that the children did not testify at trial. On the basis of hearsay statements, supported by minimal corroborating evidence at best, a state jury convicted William and Kathleen Swan of sexually abusing their three-year-old daughter and her friend. The Swans have exhausted their state court remedies and appeal the district court’s denial of their habeas corpus petition.
Our main issue is…
2Cases cited34 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Ohio v. RobertsSupreme Court of the United States · 1980
29 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
- Bryan Kirby Barrett, Appellee/cross-Appellant v. Gerardo Acevedo, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1999
- Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2005
- People v. GurskyMichigan Supreme Court · 2010
- Richard Milone v. Althea Camp, WardenCourt of Appeals for the Seventh Circuit · 1994
72 more not listed; retrieve them via the Exa API.