Fenenbock

Fenenbock v. Director of Corrections

Good Law
692 F.3d 910·2012 WL 3743171
United States Court of Appeals for the Ninth CircuitMay 24, 2012No. 11-15880California4,582 words

Opinion

Lead Opinion

Graber, J.

ORDER

The opinion filed on May 24, 2012, slip opinion page 5701 [ 681 F.3d 968 ], is amended as follows:

On slip opinion page 5718 [ 681 F.3d at 978 ], replace footnote 12 with the following:

With this amendment, the panel has voted to deny the petition for panel rehearing. Judges O’Scannlain and Graber have voted to deny the petition for rehearing en banc, and Judge Schroeder has so recommended.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.

The petition for panel rehearing and petition for rehearing en bane are DENIED. No further petitions for panel rehearing or for rehearing en banc will be entertained.

OPINION

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…

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