Ogden v. Wolff

STEPHENSON, Circuit Judge.

The sole issue in these consolidated state habeas appeals, brought under 28 U.S.C. § 2254, is whether the non-disclosure to petitioners’ attorney of the written record of the polygraph examination and pre-test interview conducted upon the prosecutrix in petitioners’ trials for statutory rape resulted in a denial of fundamental fairness at those trials. We find that it did not. Accordingly, we affirm the district court’s1 denial of a writ of habeas corpus to petitioner Og*818den and reverse the granting of the writ to petitioner Atkinson.

Petitioners were charged with the…