Legal Opinion

Kevin Wayne Anderson v. Mitch Morrow, Superintendent, Oregon State Correctional Institution

Court of Appeals for the Ninth Circuit

Decided June 7, 2004No. 02-35675PublishedCited by 18 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Kevin Anderson was convicted in 1993 of first-degree rape and sodomy under Oregon laws that prohibit having sexual intercourse with a person “incapable of consent by reason of mental defect.” Or.Rev.Stat. §§ 163.375, 163.405 (the “sex crimes statutes”). He appeals the denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. He urges two points: (1) the trial court unconstitutionally excluded evidence of the victim’s sexual history and reputation under Oregon’s rape shield law; (2) the State of Oregon convicted him under an unconstitutionally…

2Cases cited17 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Kolender v. LawsonSupreme Court of the United States · 1983
  5. Lawrence v. TexasSupreme Court of the United States · 2003

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3Cited by18 opinions

  1. Allen A. Muth v. Matthew J. Frank, SecretaryCourt of Appeals for the Seventh Circuit · 2005
  2. Sheesley v. StateWyoming Supreme Court · 2019
  3. State v. CookIdaho Court of Appeals · 2008
  4. State v. Gomez-AlasIdaho Supreme Court · 2020
  5. State v. WhiteleyCourt of Appeals of North Carolina · 2005

13 more not listed; retrieve them via the Exa API.

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