United States Ninth Circuit

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Lucero v. Holland, 15-16111

Held that a defendant's Sixth Amendment Confrontation Clause rights were not violated by the introduction of a non-testifying codefendant's statement. In a petition for habeas relief, the defendant challenged prosecutors' use of a handwritten gang memo detailing an attack on an inmate in which the defendant allegedly participated. Rejecting the defendant's arguments, the Ninth Circuit found no constitutional violation. However, on a different issue, the appellate panel concluded that there was no proof beyond a reasonable doubt that the defendant had possessed a shank or sharp instrument in jail. The panel thus affirmed in part and reversed in part.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/31

Judges

  • Berzon

Court

  • United States Ninth Circuit

Counsel


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