Slim Manai v. Elvin Valenzuela

MEMORANDUM

In 2007, a California jury convicted Slim Manai of first degree burglary, forcible oral copulation, sexual battery, assault with a deadly weapon, and criminal threats. The trial court precluded Manai from cross-examining his two victims, Suzy and Claudia, about whether they were romantically involved and excluded a third witness’s testimony on the same topic under California’s rape shield law, Cal. Evid. Code § 782 . The California Court of Appeal affirmed the trial court’s evidentiary rulings, and the California Supreme Court summarily denied review. Manai then filed a habeas petition in federal district court, alleging that the trial court’s evidentiary rulings violated both his Sixth Amendment right to confront his accusers and his Due Process right to present a complete defense. The district court denied the petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, we review de novo, Hebner v. McGrath, 543 F.3d 1133, 1136 (9th Cir. 2008), and we affirm.

The Anti-Terrorism and Effective Death Penalty Act of 1996 governs our review of Manai’s petition. We can grant relief only if the last reasoned state court decision— here, the order by the California Court…