Leonard Moore, Jr. v. Matthew Cate

MEMORANDUM

Leonard Moore, Jr., who was convicted in California of forcible rape and related offenses, appeals from the denial of his petition for a writ of habeas corpus. Moore argues that the trial judge erroneously excluded evidence of statements made by Autumn Taylor, the victim, about sexual intercourse she had with Joel Holmes, a prosecution witness, two days prior to the rape. Specifically, Taylor said that she could not remember if she consented to sex with Holmes but would not have if she were sober and that she was mad at Holmes, did not want to talk with him or be alone with him, and felt that his actions were inappropriate but not criminal.

Moore argues that the trial court’s error prevented the defense from effectively challenging Taylor’s and Holmes’s testimony in three discrete ways. Our de novo review of the record persuades us that the alleged error did not have a “substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (quotation omitted); see also Merolillo v. Yates, 663 F.3d 444, 454-55 (9th Cir.2011).

First, Moore argues that the excluded evidence…