Jefferson

SUPPLEMENTAL MEMORANDUM *

On February 1, 2005, we affirmed the district court’s order dismissing Jefferson’s habeas petition in a memorandum disposition on the basis of the sole certified issue of juror prejudice. Jefferson v. Scribner, 121 Fed.Appx. 225 (9th Cir. 2005). A copy of that disposition is attached hereto and incorporated herein. On February 23, 2005, however, we recalled the mandate, and on August 26, 2005, we granted Jefferson’s motion to expand the certificate of appealability and requested supplemental briefing on the following question: “Whether the introduction of the victim’s out-of-court statements as evidence against Petitioner violated his Sixth Amendment right to confrontation?”

In his supplemental brief, Jefferson argues that the admission of out-of-court testimonial statements violated his rights under the Confrontation Clause, as interpreted by Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), and that, based on our holding in Bockting v. Bayer, 399 F.3d 1010 , as amended, 408 F.3d 1127 (9th Cir.2005), the new rule adopted in Crawford applies retroactively to Jefferson’s collateral proceeding. He also argues that the…