MEROLILLO

Marc Clayton Merolillo appeals the district court’s denial of his federal habeas petition. Merolillo was convicted in California state court of first degree murder. At trial, the key issue of whether Merolillo contributed to the victim’s death from a ruptured dissecting aortic aneurysm was disputed by three expert witnesses.

Merolillo challenges the admission at trial of the non-testifying autopsy pathologist’s opinion, claiming violations of his Sixth Amendment right to confront witnesses against him. Because we find that Merolillo suffered actual prejudice from the erroneous admission of the opinion testimony, we reverse the district court’s denial of Merolillo’s habeas petition.

I.

On August 29, 1997, Merolillo commandeered a car occupied by an elderly couple, the Chromys, as they waited in a drug store parking lot for a medical prescription to be filled. Merolillo struggled with Mr. Chromy and ultimately pushed him out of the car. Mrs. Chromy, who was sitting in the back seat, tried to exit but became entangled in the seat belt. She was dragged along the ground while Merolillo drove, her head and body striking the pavement and curb. About a quarter of a mile later,…