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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.
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