Solorio

Solorio v. McGrath

Good Law
253 F. App'x 692
United States Court of Appeals for the Ninth CircuitNovember 6, 2007No. 06-16097California828 words

Opinion

Lead Opinion

MEMORANDUM **

Guillermo Solorio, Jr. appeals the district court’s order denying his petition for habeas corpus. We affirm. Because the parties are familiar with the factual and procedural history, we will not recount it in detail here.

Solorio contends that the state trial court violated the Confrontation Clause of the U.S. Constitution by admitting hearsay statements by the murder victim, fellow Norteño gang member, Vicente Sanchez. Guillermo Morales Diaz testified at trial that Sanchez told him that other Norteños wanted Sanchez to kill Diaz but that he would not do so and that one of his friends would in turn kill him (Sanchez).

The trial court admitted Sanchez’s statement as a declaration against social interest, admissible under California Evidence Code § 1230. The California Court of Appeal held that the admission of the statement did not violate the Confrontation Clause, finding that the statement bore particularized guarantees of trustworthiness. The district court agreed and denied Solorio’s petition for habeas relief adjudicated on the merits in state court proceedings.

This Court reviews the district court’s denial of a habeas petition de novo. Parle v. Runnels, 387…

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