Gardner
Gardner v. Holland
Opinion
Lead Opinion
Illston, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
INTRODUCTION
Jonathan Micah Gardner filed this pro se action for a writ of habeas corpus under 28 U.S.C. § 2254 . The court issued an order to show cause why the writ should not be granted. Respondent has filed an answer and Gardner has filed a traverse. For the reasons below, the petition will be GRANTED on the Confrontation Clause claim.
BACKGROUND
Following a jury trial in Alameda County Superior Court, Jonathan Micah Gardner was convicted of forcible oral copulation and rape. On August 29, 2012, he was sentenced to 18 years consecutive to 25 years to life in prison. Gardner appealed to the California Court of Appeal and his conviction was affirmed in 2015. The California Supreme Court denied his petition for review in 2015.
The California Court of Appeal described the facts of this case as follows:
California Court of Appeal opinion in People v. Gardner, No. A136453, 2015 WL 433504 (Cal. Ct. App. Feb. 2, 2015). (“Cal. Ct. App. Opinion”) at 2-7 (footnote omitted).
*1056 In his federal petition for writ of habeas corpus, Gardner contends that the trial court’s exclusion of evidence of Jane Doe’s multiple arrests and…