Ruiz

Ruiz v. Scribner

Good Law
341 F. App'x 278
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 07-17128California458 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Constantino Altamirano Ruiz appeals the denial of his petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“A district court’s decision to grant or deny a petition for habeas corpus under 28 U.S.C. § 2254 is reviewed de novo.” Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). Pursuant to the Antiterrorism and Effective Death Penalty Act (“AEDPA”), a ha-beas petition

28 U.S.C. § 2254 (d)(1).

In Crawford v. Washington, the United States Supreme Court held that the Sixth Amendment Right of Confrontation applies to all “testimonial” out-of-court statements, but explicitly stated that “the rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds.” 541 U.S. 36, 62 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004) (citing Reynolds v. United States, 98 U.S. 145, 158-59 , 25 L.Ed. 244 (1879)). In Reynolds , the only Supreme Court decision to have addressed this exception at the time of the state decision, the Supreme Court generally held that the Sixth Amendment Right of Confrontation did not apply against witnesses absent because of a defendant’s own wrongful…

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