9th Cir.
09-56902
The court of appeals affirmed a district court order granting a habeas corpus petition. The court held that it could not consider evidence taken by a district court in an evidentiary hearing on a habeas petitioners post-conviction claim that his state court trial counsel rendered ineffective assistance. The court held further that the petitioner demonstrated ineffective assistance of counsel where his trial attorney failed to contact a known witness who reported having seen an internet posting in which the defendants accuser admitted having fabricated her allegations of sexual molestation.
