BARBARIN

BARBARIN v. Scribner

Good Law
809 F. Supp. 2d 1243·2011 WL 3667504·2011 U.S. Dist. LEXIS 93453
United States District Court, Eastern District of CaliforniaAugust 22, 20112:04-cv-00894California8,910 words

Opinion

Opinion

Smith, J.

ORDER

Pending before the court is Petitioner Anthony Barbarin’s (Barbarin) application for a writ of habeas corpus. For the reasons noted below, Barbarin’s application is DENIED.

I

On September 24, 1999, a Solano County Superior Court jury convicted Barbarin of first-degree murder. Barbarin was sentenced to state prison for 25 years to life, as well as a consecutive 6-year term for violating probation in three other cases.

In his Second Amended Petition, Barbarin states six claims for relief: (1) his due process rights were violated because one of the jurors was biased against him; (2) his Confrontation Clause rights were violated because Nicole Garrott’s preliminary hearing testimony was admitted at trial; (3) his right to effective assistance of trial counsel was violated because his attorney failed properly to object to Garrott’s testimony; (4) his due process rights were violated because the trial court declined to instruct the jury that defendant could only be found guilty as an accessory after the fact; (5) his equal protection rights were violated under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), because the prosecutor exercised peremptory…

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