Does Section 2254(e)(2) of the Criminal Code require additional evidence under section 2254 of the Civil Code to support a claim of sexual assault?
MultiRegion, United States of America
The following excerpt is from McDaniels v. Kirkland, 760 F.3d 933 (9th Cir. 2014):
in pursuing [the evidence] (and thus that 2254(e)(2) was inapplicable) or that the limitations set forth in 2254(e)(2) were met, Holland v. Jackson, 542 U.S. 649, 653, 124 S.Ct. 2736, 159 L.Ed.2d 683 (2004), we will not consider the additional evidence under section 2254(e).
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