In a motion to dismiss an allegation that he was not the actual perpetrator of the crime, what is the evidence supporting that he committed the crime?
MultiRegion, United States of America
The following excerpt is from Evans v. Ducharme, 168 F.3d 498 (9th Cir. 1999):
2 Evans also contends that the evidence was insufficient to support that he was the actual perpetrator of the crime. Because he failed to raise this issue in his petition before the district court, we decline to address it here. See Cacoperdo v. Demosthenes, 37 F.3d 504, 507 (9th Cir.1994).
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