Shandola

Shandola v. Clarke

Good Law
256 F. App'x 968
United States Court of Appeals for the Ninth CircuitNovember 28, 2007No. 06-36071California519 words

Opinion

Lead Opinion

MEMORANDUM *

Lawrence P. Shandola appeals the district court’s denial of his habeas corpus petition challenging his state court conviction for first-degree murder. See 28 U.S.C. § 2254 (2006). The district court' dismissed the petition with prejudice. We have appellate jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo the legal questions underlying the district court’s denial of habeas corpus. See Rios v. Garcia, 390 F.3d 1082, 1084 (9th Cir.2004). We now affirm.

First, the trial court’s evidentiary ruling to exclude a police report summarizing Roscoe Buffington’s statement did not violate Shandola’s Sixth and Fourteenth Amendment rights to compulsory process and due process. The statement had little, if any, probative value and was not material to Shandola’s defense at trial. See Miller v. Stagner, 757 F.2d 988, 994 (9th Cir.), amended, 768 F.2d 1090 (9th Cir.1985) (“In weighing the importance of evidence offered by a defendant against the state’s interest in exclusion, the court should consider [among other factors] the probative value of the evidence on the central issue ... and whether it constitutes a major part of the attempted defense.”); United States v.…

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