United States Ninth Circuit

District court's denial of defendant's petition for habeas relief on his claim that he was denied his Sixth Amendment right to confront adverse witnesses, in his conviction for willful infliction of corporal injury to his spouse, is reversed and remanded where: 1) the defendant was denied his Sixth Amendment right to confront adverse witnesses when the trial judge precluded him from cross-examining his wife as to whether she was afraid to deviate from her initial incriminating statement because of threats allegedly made against her by the prosecutor; and 2) the district court's conclusion that the trial court's curtailment did not reach constitutional magnitude was objectively unreasonable, and this error, which had a substantial and injurious effect on the verdict, was not harmless.

Appellate Information

• Decided 12/06/2012
• Published 12/06/2012

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel