United States Ninth Circuit

The district court's order denying a petition for a writ of habeas corpus is affirmed, where the state court did not unreasonably apply clearly established federal law when it held that forensic lab reports testified to by the report maker's supervisor were not testimonial hearsay statements whose admission violated the defendant's Sixth Amendment right to confrontation, since at the relevant time there was extensive, reasoned disagreement between the lower courts as to the question presented by the defendant's claim, and between the U.S. Supreme Court justices when they reached the issue.

Appellate Information

• Decided 04/23/2012
• Published 04/23/2012

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry L. Morris, Daniel B. Bernstein