Antonio Castellano v. Leland McEwan, Warden

MEMORANDUM

'Antonio Castellano, who was convicted in California of domestic battery and relat ed offenses, appeals from the denial of his petition for a writ of habeas corpus. The appeal focuses on the admissibility of testimony given at a preliminary hearing by the victim, Irene Sanchez Castellano (“Sanchez”), and on statements she made to police officers.

Castellano argues that as a result of the enactment of Proposition 115 in 1990, preliminary hearings in California do not provide an adequate opportunity for full and fair cross-examination because the “purpose of a preliminary hearing [is] to establish whether there exists probable cause to believe that the defendant has committed a felony” and not to undertake discovery. CaLPenal Code § 866(b). Consequently, he argues the testimony at such hearings is never admissible at trial. This argument ignores the fact that the purpose of a preliminary hearing was always to establish the existence of probable cause and involved a “less searching exploration into the merits of the case than a trial.” California v. Green, 399 U.S. 149, 166 , 90 S.Ct. 1980 , 26 L.Ed.2d 489 (1970). Nevertheless, the Supreme Court held that, unless defense…