Robert Fenenbock v. Director of Corrections for Ca

Good Law
681 F.3d 968·2012 WL 1871028·2012 U.S. App. LEXIS 10488
United States Court of Appeals for the Ninth CircuitMay 24, 201211-15880California4,370 words

Opinion

Opinion

Graber, J.

Petitioner Robert Morris Fenenbock appeals the district court’s denial of his petition for habeas corpus, brought under 28 U.S.C. § 2254 . His grounds for appeal all pertain to the prosecution’s primary witness, a minor named R.H. Petitioner argues that the trial court violated his rights when it denied him pretrial access to R.H. and then limited cross-examination of R.H. during the trial. We hold that (1) Petitioner had no absolute right to pretrial access to R.H., (2) no prosecutorial interference arose when an unrelated government agency acted in R.H.’s best interests, and (3) the trial court’s limitations on the length and content of cross-examination were permissible. Accordingly, we affirm.

FACTUAL AND PROCEDURAL HISTORY

During the autumn of 1991 in Hawkins Bar, California, Petitioner was involved in a series of events leading to the death of Gary “Hop” Summar. Petitioner and seven other individuals were charged with various crimes related to Summar’s death. A jury convicted Petitioner of first-degree murder, for which he received a prison term of 25 years to life, plus one year for use of a deadly weapon.

Leading up to the trials, R.H. emerged as a witness. The…

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