United States Ninth Circuit

Denial of a petition for a writ of habeas corpus is reversed and remanded where the state courts unreasonably applied federal law by declaring that a hearsay statement was a spontaneous declaration or excited utterance, and the admission of the statement prejudiced the jury.

Appellate Information

• Argued 02/08/2007
• Decided 07/23/2007
• Published 07/23/2007

Judges

• MOLLOY, District Judge:, Before:  ALEX KOZINSKI and STEPHEN S. TROTT, Circuit Judges, and DONALD W. MOLLOY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carol K. Lysaght, Santa Monica, CA, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California;  Mary Jo Graves, Chief Assistant Attorney General;  Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General;  Yun K. Lee, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.