Leif Carlson, Sr. v. Attorney General of California

One early Sunday afternoon, Joshua Barragan (“Joshua”) called the Moraga Police Department to report that his stepfather, Leif Carlson, Sr. (“Carlson”), had hit seven-year-old Leif Carlson, Jr. (“Leif Jr.”) in the face. When Officer Ronald Ward arrived on the scene, he observed redness and bruising on Leif Jr.’s left cheek. The state charged Carlson — Leif Jr.’s father — with willful infliction of harm or injury to a child, Cal.Penal Code § 273a(b).

The case went to trial. Carlson’s wife, Lena Carlson (“Lena”), and Leif Jr. were subpoenaed to testify but never appeared in court. Invoking the Supreme Court’s forfeiture-by-wrongdoing doctrine, the trial court determined that Carlson was complied in their absence, and that he had surrendered his Sixth Amendment right to confront them. Accordingly, the trial judge allowed Officer Ward to testify to statements made by Leif Jr. and Lena in the hours after the incident.

Carlson was convicted and sentenced to ten days’ jail time and four years’ probation. The Appellate Division affirmed the judgment, the Court of Appeal denied a petition for writ of mandate, and the California Supreme Court denied habeas relief. Carlson then…