Monday, May 19, 2014

Vega v. Ryan, No. 12-15631 (5-19-14) (per curiam with Schroeder, Bybee and Beistline, Chief D.J.).

The 9th reversed denial of a habeas. The 9th also withdrew its prior decision in this case. The petitioner, convicted of sex abuse of a minor, after charges had been dismissed twice before, raised IAC when his lawyer in the third set of charges failed to review the file or interview a witness to whom the victim had recanted. The witness was the victim's priest, although the recantation occurred outside of a confession. Although the victim had recanted to her mother, the 9th held that corroborating recantation was critical, especially to "Father Dan," and that the lawyer had been performed below professional standards and there was prejudice.


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