Villescas

Villescas v. Hernandez

Good Law
163 F. App'x 612
United States Court of Appeals for the Ninth CircuitJanuary 19, 2006No. 04-55900California604 words

Opinion

Lead Opinion

MEMORANDUM *

Alberto Villescas appeals the district court’s denial of his petition for a writ of habeas corpus. Villescas is currently serving a sentence of 26 years to life in a California correctional facility, following his conviction by a jury on two counts of illegal firearm possession. We review de novo the district court’s denial of the petition, see Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and affirm.

Villescas urges that the state trial court denied him due process by excluding evidence that he had an ongoing and hostile relationship with one of the supervising officers of the Los Angeles Sheriffs Department, and by excluding evidence that the gun found at the time of his arrest was planted by deputies of the Los Angeles Sheriffs Department.

On direct appeal, the California Court of Appeal held that the disputed evidence was properly excluded under California law because it was of marginal relevance, was potentially confusing to the jury and would have consumed undue time. The Court of Appeal ruled further that any error was harmless because Villescas was permitted to introduce evidence in support of his theory that the weapon in question was planted by…

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