Legal Opinion

Alan Gimenez v. J. Ochoa

Court of Appeals for the Ninth Circuit

Decided May 9, 2016No. 14-55681PublishedCited by 49 opinions

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

  1. Estelle v. McGuireSupreme Court of the United States · 1991
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. Herrera v. CollinsSupreme Court of the United States · 1993
  5. Sanders v. United StatesSupreme Court of the United States · 1963

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3Cited by49 opinions

  1. Garfield Feather v. United StatesCourt of Appeals for the Eighth Circuit · 2021
  2. Cosey v. LilleyCourt of Appeals for the Second Circuit · 2023
  3. United States v. AusbyDistrict Court, District of Columbia · 2017
  4. Joseph Marcy v. Superintendent Phoenix SCICourt of Appeals for the Third Circuit · 2024
  5. United States v. ButlerDistrict Court, District of Columbia · 2017

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