Jones

Jones v. McGrath

Good Law
276 F. App'x 593
United States Court of Appeals for the Ninth CircuitApril 30, 2008No. 06-17262California306 words

Opinion

Lead Opinion

MEMORANDUM *

Edward David Jones appeals the district court’s denial of his habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm the district court’s decision.

Jones raises two arguments on appeal. He first contends that the trial court violated his due process rights by admitting evidence that a prosecution witness feared that Jones would have him killed if he testified. However, United States v. Abel held that “[pjroof of bias is almost always relevant” and explained that “[b]ias may be induced by a witness’ like, dislike, or fear of a party, or by the witness’ self-interest.” 469 U.S. 45, 52 , 105 S.Ct. 465 , 83 L.Ed.2d 450 (1984). Because testimony about the witness’ fear of Jones is relevant under Abel, we cannot agree with Jones’s contention that the state court decision was “contrary to, or involved an unreasonable application of” Supreme Court precedent. 28 U.S.C. § 2254 (d)(1).

Jones also contends that the trial court erred by limiting his cross-examination of a prosecution witness and that that error was not harmless. We agree with the California Court of Appeal’s decision that *594 the limit on cross-examination violated…

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