Alan Gimenez v. J. Ochoa
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
KOZINSKI, Circuit Judge:
Two decades after being convicted of murdering his infant daughter, Alan Gime-nez seeks federal habeas relief for the second time. We consider whether Gime-nez’s ineffective assistance of counsel claims are barred as successive. We also consider whether he may advance a due process claim on the ground that expert evidence' presented at trial has been undermined by subsequent scientific developments.
I. Background
A. Medical History
Gimenez’s daughter, Priscilla, was seven weeks old when she died. During her short life, she vomited on multiple occasions after being…
2Cases cited31 opinions
- Estelle v. McGuireSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
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- Sanders v. United StatesSupreme Court of the United States · 1963
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