This section contains the nature of the case and procedural background.

McGuire (D) and his wife brought their six-month-old daughter the hospital. The child was bluish in color and was not breathing. A large bruise was on the child's chest as well as black and blue marks all around her ears. The child died, and the autopsy revealed 17 contusions on the child's chest, 29 in the abdominal area, a split liver, a split pancreas, a lacerated large intestine, damage to the heart and one of her lungs. There was evidence of rectal tearing and evidence of rib fractures, which were approximately seven weeks old. The explanation given by D was unconvincing that all those injuries were caused by a simple fall from a couch. D then made a statement that some Mexicans maybe had come in while he was upstairs. D was charged with second-degree murder. D's wife was called to testify and given immunity. Contrary to her statements before the police and those overheard during her presence at the hospital, the wife testified that she had beaten the child. D was convicted. The conviction was affirmed. D then filed for habeas corpus relief. The Ninth Circuit eventually reversed; the prior injury evidence was erroneously introduced to establish battered child syndrome because no evidence linked D to the prior injuries and no claim had been made at trial that the baby died accidentally.

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