United States Ninth Circuit

In a murder prosecution, the denial of petitioner's habeas petition is affirmed where, at the time of petitioner's appeal, it was neither contrary to, nor an unreasonable application of, clearly established federal law for the California appellate courts to rule that the forfeiture exception did not require proof of an intent to make the witness unavailable.

Appellate Information

• Argued 02/02/2010
• Decided 05/24/2010
• Published 05/24/2010

Judges

• Before BETTY B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Zandra L. Lopez, Law Office of Zandra L. Lopez, San Diego, CA, for the petitioner-appellant.


• For Appellees:
  
• Stephanie C. Brenan, Deputy Attorney General, Office of the Attorney General of California, Los Angeles, CA, for the respondent-appellee.