Danny Fontana v. Frank Chavez

MEMORANDUM

On the issues certified for appeal to this court, Petitioner contends that the Califor nia trial court violated his due process right to present a defense and Sixth Amendment right to cross-examine adverse witnesses. The California Supreme Court rejected these claims. Assuming constitutional error, we hold that the trial court’s exclusion of evidence related to the victim’s consensual sex with her boyfriend was harmless under Brecht v. Abrahamson, 507 U.S. 619 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.