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Tash v. Roden, 10-1173

By FindLaw Staff on November 16, 2010 3:20 PM

Habeas petition for rape conviction

Tash v. Roden, 10-1173, concerned a challenge to the district court's denial of defendant's request for habeas relief from his conviction for raping a mentally impaired adult woman in his care at a state facility.

In affirming the conviction, the court held that defendant's claim, that the Commonwealth failed to show that his confession was "corroborated" by other evidence, is not a basis for habeas corpus or its section 2254 counterpart.  The court also held that defendant's insufficient evidence claim, relying on Jackson v. Virginia, 443 U.S. 307 (1979), fails on the merits.  Lastly, the court rejected defendant's claim that his trial counsel was ineffective under Strickland.

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