United States Ninth Circuit

Petition for review of a denial of habeas corpus is affirmed over petitioner's contentions that: 1) the trial court's failure to consult with defense counsel before responding to a mid-deliberations jury note deprived him of his Sixth Amendment right to counsel; 2) his trial counsel was ineffective in failing to request a limiting instruction on hearsay statements made by defendant's son and failing to investigate the victim's threat to defendant; and 3) the trial court's exclusion of evidence that defendant had claimed self-defense immediately after his arrest deprived him of his due process rights to a fair trial and to present a defense.

Appellate Information

• Argued 01/24/2008
• Decided 02/12/2009
• Published 02/12/2009

Judges

• BERZON, Circuit Judge:, Before:  STEPHEN REINHARDT, DAVID R. THOMPSON, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sanford Svetcov, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Gregory A. Ott and Peggy S. Ruffra, Deputy Attorneys General, Gerald A. Engler and Dane R. Gillette, San Francisco, CA, Assistant Attorneys General, and Edmund G. Brown Jr., Attorney General of the State of California, for the respondent-appellee.