In Re Moore

Petitioner Leonard Moore, Jr., was sentenced to a total term of 34 years to life in prison after a jury convicted him on July 24, 2000, of six forcible sex offenses and found he had kidnapped the victim, which substantially increased her risk of harm. On appeal, Moore raised various issues, including whether the trial court erred by admitting a portion of a 911 tape over defense counsel’s objections it was not probative and was cumulative, time-consuming, and prejudicial, as well as its admission violated his right of confrontation.

On December 19, 2002, in the unpublished opinion People v. Meza (Dec. 19, 2002, D037249), we affirmed Moore’s convictions, concluding, among other things, that Moore had waived his confrontation claim on appeal because he had failed to make a timely objection on that ground at trial and his other contentions regarding the 911 tape had no merit. Moore’s petition for review was denied by our Supreme Court on February 15, 2003. On October 6, 2003, the United States Supreme Court denied Moore’s petition for a writ of certiorari.

On March 8, 2004, the United States Supreme Court issued its decision in Crawford v. Washington (2004) 541 U.S. 36 […