Abston

Abston v. Ryan

Good Law
120 F. App'x 659
United States Court of Appeals for the Ninth CircuitDecember 28, 2004No. 04-15230California2,317 words

Opinion

Lead Opinion

MEMORANDUM ***

L’Shana Nicole Abston appeals the district court’s denial of her Petition for Writ *661 of Habeas Corpus pursuant to 28 U.S.C. § 2254 . Abston raises two related issues on appeal: (1) Deprivation of due process rights guaranteed by the Fourteenth Amendment to the United States Constitution based on the trial court’s order barring the introduction of medical malpractice evidence as a superceding cause of the victim’s death; and (2) Deprivation of confrontation rights guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution based on the trial court’s decision to limit her cross-examination of the pathologist about the medical treatment the victim received. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and affirm.

Abston was charged with first-degree murder and convicted by a jury of second-degree murder. On January 22, 1999, Abston shot the victim in the chest. The victim was taken to a hospital where she died a few hours later. According to the Arizona Court of Appeals, the parties stipulated 1 that the victim was found on the floor of the emergency room at 1:15 a.m., when she was not breathing and had no cardiac activity.…

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