Arthur Nevarez v. J. Katavich

MEMORANDUM

Petitioner Arthur Nevarez appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury convictions of assault with a firearm, corporal injury to a spouse, dissuading a witness with force, firearm and ammunition possession by a felon, and attempted criminal threats. He contends that the admission of his son’s statements at trial deprived him of his right to confrontation under the Sixth Amendment. See Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). He further contends that his appellate counsel’s failure to raise the Confrontation Clause claim on direct appeal constituted ineffective assistance of counsel.

Nevarez raised these claims, among others, to the California Superior Court of Santa Barbara, which denied his petition. The Superior Court held that the son’s statements were nontestimonial, but also held:

The Court of Appeal and California Supreme Court subsequently summarily denied his petition.

Nevarez filed his federal habeas petition, asserting the same Confrontation Clause and the ineffective assistance of counsel claims. The district court rejected the claims, and Nevarez timely…