In the matter of M.P.A. (Majority)
Annotate this CaseA jury found petitioner committed sexual assault of a child based on the testimony of two witnesses who have recanted, and sentenced petitioner to 22 years' confinement after hearing false testimony by a State's expert. The district court denied habeas relief, the court of appeals affirmed, and petitioner subsequently appealed. The court concluded that petitioner was not entitled to relief on his claims of actual innocence or ineffective assistance of counsel. The court concluded, however, that false testimony by the State's expert witness contributed to his sentence and he was therefore entitled to a new disposition hearing.
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