David C. Barker v. Wayne Estelle, Warden

Petitioner-Appellant David Christian Barker appeals pro se a district court’s order denying his petition for writ of habe-as corpus. Barker contends that his prosecution in California state court for three murders violated the Double Jeopardy Clause because jeopardy had attached at his Juvenile Court detention and fitness hearings. Barker also contends that he was deprived of due process at his juvenile detention and fitness hearings when the deputy district attorney introduced into evidence statements of an adult accomplice over the objection of Barker’s attorney that the introduction of these statements violated Barker’s right to confront and cross-examine the accomplice/declarant. We affirm.

BACKGROUND

David Christian Barker was arrested on August 24, 1976, along with his neighbor and friend Barry Braeske, for the murders of Braeske’s parents and grandfather. Braeske had confessed to the police that he and David committed the murders.

Because Barker was sixteen years old at the time, his case was handled according to standard California Juvenile Court procedure. First, he was given a detention hearing in juvenile court on September 22, 1976, where it was determined that the…