Kevin Wayne Anderson v. Mitch Morrow, Superintendent, Oregon State Correctional Institution
Court of Appeals for the Ninth Circuit
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…
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