Thurman Spencer v. People of the State of Califor

MEMORANDUM **

We write primarily for the parties who are familiar with the facts. Thurman Spencer was charged with multiple firebombings. A jury convicted Spencer of two counts of premeditated attempted murder (CaLPenal Code §§ 664, 187(a)), two counts of arson of a structure (Cal.Penal Code § 451(b)), and two counts of exploding a destructive device with intent to commit murder (Cal.Penal Code § 12808). On October 15, 2002, the state trial court sentenced Spencer to two consecutive life sentences. The state court of appeals affirmed Spencer’s judgment and the California Supreme Court denied review.

On December 5, 2005, Spencer filed a federal petition. On January 18, 2011, the district court denied the petition, entered judgment and granted Spencer a Certificate of Appealability.

Spencer appeals the district court’s denial of a petition for habeas corpus by a person in custody pursuant to the judgment of a state court. Spencer raises nine issues on appeal, only two of which require discussion. Spencer claims that the district court erred in denying relief based on: 1) the trial court’s exclusion of evi *684 dence of third-party culpability for the 1998 firebombing and 2) the…

concurring:

I concur in the result.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 18 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

THURMAN LEROY SPENCER, No. 11-15326

Petitioner-Appellant, D.C. No. 2:05-CV-02456-GEB-

KJN

v.

PEOPLE OF THE STATE OF MEMORANDUM*

CALIFORNIA; ATTORNEY GENERAL

FOR THE STATE OF CALIFORNIA

ROY CASTRO,

Respondents-Appellees.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding

Argued and Submitted December 4, 2012 San Francisco, California

Before: CUDAHY,** TROTT, and RAWLINSON, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Richard D. Cudahy, Senior Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit, sitting by designation. We write primarily for the parties who are familiar with the facts. Thurman

Spencer was charged with multiple firebombings. A jury convicted Spencer of two

counts of premeditated attempted murder…