Robert Alvarez v. Leanna Lundy

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 19 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT TOBIAS ALVAREZ, No. 22-16227

Petitioner-Appellant, D.C. No. 4:21-cv-04626-HSG

v.

MEMORANDUM*

LEANNA LUNDY, Acting Warden,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted December 4, 2024 San Francisco, California

Before: TYMKOVICH,** M. SMITH, and BUMATAY, Circuit Judges.

Petitioner-Appellant Robert Alvarez appeals the district court’s denial of his

28 U.S.C. § 2254 habeas corpus petition challenging his convictions under

California law for first-degree murder and robbery. We granted a certificate of

appealability on the issue of “whether the exclusion of a co-defendant’s admissions

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Timothy M. Tymkovich, United States Circuit Judge for the U.S. Court of Appeals for the Tenth…