Joseph Anthony Padilla v. Cal A. Terhune

Joseph Anthony Padilla appeals the district court’s denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 . We must decide whether the admission of hearsay evidence admitted at his trial for murder violated the Confrontation Clause and, if it did, whether the error was harmless.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 27, 1994, Erik Gorka, the victim of the murder, cashed his paycheck for $425.57 near his Ocean Beach home. Two days later his body was found in an alley in Ocean Beach. -He died at the hospital soon thereafter from gunshot wounds to his head and abdomen. Hospital staff found $42 on his person.

Shawn Collins, Daniel Munoz, Errol Somerville, Rafael Godinez and Padilla were friends. On the night of July 28, they attended a party at Collins’s residence together with Deanna Rocha, a neighbor. Around 1:00 a.m. on July 29, Gorka and Padilla joined the party. Soon thereafter, Godinez asked Rocha to borrow her car and drove off with Padilla, Somer-ville, Collins, and Gorka. About an hour later, Padilla, Godinez, Somerville, and Collins returned without Gorka. Rocha testified that Somerville and Padilla appeared panicky,…