Sivo v. Wall

BOUDIN, Circuit Judge.

Derek Sivo, convicted of first-degree child abuse in state court, appeals from the federal district court’s denial of his petition for a writ of habeas corpus. The charge against Sivo was that he inflicted injuries on John W. Jr. (“J.J.”), the then two-and-a-half-year-old son of Sivo’s girlfriend, Kimberly Mathieu (“Kim”). Sivo’s central claim now before us is one of insufficient evidence. We outline briefly the central facts and prior proceedings.1

*48On November 1, 2001, Kim and J.J. woke up at around 7:30 or 8:00 a.m. and went out for breakfast. J.J. said that he did not…