Nguyen

Nguyen v. Runnels

Good Law
161 F. App'x 691
United States Court of Appeals for the Ninth CircuitJanuary 6, 2006No. 05-15183; D.C. No. CV-04-00162-CRBCalifornia1,026 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Son Nguyen appeals from the district court’s denial of his petition for a writ of habeas corpus. Our review is de novo but is guided by the relevant provisions of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”). See 28 U.S.C. § 2254 ; Leavitt v. Arave, 371 F.3d 663, 668 (9th Cir.2004), amended by 383 F.3d 809 (9th Cir.2004). The district court granted a certificate of appealability (“COA”) as to three issues and denied a COA as to three others. We deny Petitioner’s motion to expand the COA and therefore consider only the certified issues. See 9th Cir. R. 22—1(e); Slack v. McDaniel, 529 U.S. 473, 483 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000) (citing 28 U.S.C. § 2253 (c)). We omit the relevant facts as they are known to the parties.

The first certified question is whether it was objectively unreasonable for the state appellate court to conclude that Petitioner suffered no violation of his right of confrontation where the trial court excluded evidence that Kiet Nguyen, a witness for the prosecution, was on felony probation. See U.S. Const, amend. VI; Delaware v. Van Arsdall, 475 U.S. 673, 679-80 , 106 S.Ct. 1431 , 89 L.Ed.2d 674 (1986); Davis v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.