Mercado

Mercado v. Terhune

Good Law
14 F. App'x 938
United States Court of Appeals for the Ninth CircuitJuly 24, 2001No. 00-55139; D.C. No. CV-99-00241-RJTCalifornia349 words

Opinion

Lead Opinion

*939 MEMORANDUM **

Aaron Mercado, a California state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), we review de novo, See Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000), and we affirm.

Mercado contends that his convictions for first degree murder and related crimes must be reversed because his Sixth Amendment right to confrontation was violated by admission of a non-testifying co-defendant’s confession that implicated Mercado. Mercado’s contention lacks merit because, although the evidence was admitted in violation of Mercado’s right to confrontation, it was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 23-24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (holding that a harmless error standard maybe applied to confrontation clause violations if a court is able to declare a belief that such an error was “harmless beyond a reasonable doubt”).

Indeed, the record is replete with overwhelming evidence of Mercado’s guilt including: 1) testimony by Mercado’s best friend that Mercado informed him of the plan to kill the victim prior to commission of the crime, and…

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