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JACKSON v. NEVADA

No. 09-17239.

688 F.3d 1091 (2012)

Calvin O'Neil JACKSON, Petitioner-Appellant, v. State of NEVADA; Brian Sandoval; Robert Legrand, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2012.

Attorney(s) appearing for the Case

Rene L. Valladares, Federal Public Defender, and Lori C. Teicher (argued), First Assistant Public Defender, Las Vegas, NV, for the appellant.

Catherine Conrtez Masto, Attorney General and Jaime J. Resch (argued), Senior Deputy Attorney General, Las Vegas, NV, for the appellee.

Opinion by Judge REINHARDT; Dissent by Judge GOODWIN.

OPINION

REINHARDT, Circuit Judge:

In January 1999, Calvin Jackson was charged with six counts related to the sexual assault of his on-again, off-again girlfriend of ten years, Annette Heathmon. He was found guilty of forcing his way into her apartment, threatening her with a screwdriver, and forcing her to perform oral sex and have vaginal sexual intercourse. Jackson denied that an assault occurred and claimed that he and Heathmon had consensual sex. At...

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