United States Ninth Circuit
HERNANDEZ v. SMALL, 00-56286
The admission of an extra-judicial statement, made by a fellow perpetrator who took the Fifth Amendment on the stand, was properly admitted against defendant, because the statement fell within a firmly rooted exception to the hearsay rule and was not "contrary" to or "an unreasonable application of" the Confrontation Clause.
Appellate Information
- Decided 03/07/2002
- Published 03/07/2002
Judges
- O'SCANNLAIN, Circuit Judge., Before: ARCHER, O'SCANNLAIN, and SILVERMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Judith Rochlin, Los Angeles, CA, for the petitioner-appellant.
- For Appellees:
- Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Susan D. Martynec, Supervising Deputy Attorney General; Robert D. Breton, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.