HERNANDEZ v. SMALL

No. 00-56286.

282 F.3d 1132 (2002)

Joe HERNANDEZ, III, Petitioner-Appellant, v. Larry SMALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2002.


Attorney(s) appearing for the Case

Judith Rochlin, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Susan D. Martynec, Supervising Deputy Attorney General; Robert D. Breton, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: ARCHER, O'SCANNLAIN, and SILVERMAN, Circuit Judges.


O'SCANNLAIN, Circuit Judge.

In this habeas case, we must decide whether the admission of testimony at a criminal trial in state court was contrary to or involved an unreasonable application of the Supreme Court's Confrontation Clause jurisprudence.

I

A

The underlying convictions in this case arose from two separate incidents that took place on August 10, 1993 in El Monte, California.1 At approximately 7:00 p...

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