Welsh

Welsh v. Peyton

Good Law
240 F. App'x 746
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 05-16968California683 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Geoffrey Welsh appeals the district court’s denial of his 28 U.S.C. *747 § 2254 habeas corpus petition challenging his conviction for physically abusing a family or household member, a violation of Hawaii Rev. Stat. § 709-906. Welsh contends that his Sixth Amendment right of confrontation was violated when the State trial court admitted out-of-court statements made by the victim, Haunani Chandler, to the paramedic who responded to Welsh’s 911 call.

We affirm the district court’s denial of Welsh’s habeas petition because the Hawaii Supreme Court’s decision, State v. Welsh, 104 Hawaii 318 , 88 P.3d 1208 , 2004 WL 740060 (Haw. Apr. 5, 2004), which found that any Confrontation Clause error was harmless beyond a reasonable doubt, was not contrary to, or an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States, nor was it based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254 (d).

Contrary to Welsh’s contention, the Hawaii Supreme Court did not apply a harmless error standard that contradicts the governing law as set…

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