Self

Self v. Rimmer

Good Law
282 F. App'x 605
United States Court of Appeals for the Ninth CircuitJune 13, 2008No. 05-55999California741 words

Opinion

Lead Opinion

MEMORANDUM *

Kenneth Wayne Self appeals the district court’s denial of his petition for habeas corpus. Self argues that he is entitled to habeas relief because the California Court of Appeal unreasonably concluded that the introduction of hearsay evidence at his trial, though potentially a violation of the Confrontation Clause, was harmless under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). Self also contends that the California Court of Appeal unreasonably applied Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), when it concluded that his trial counsel did not render ineffective assistance. We conclude that habeas relief is not warranted on either ground.

We agree with Self that the California Court of Appeal unreasonably applied Chapman, 386 U.S. at 18 , 87 S.Ct. 824 , when it concluded that the introduction of hearsay evidence found in the day planner and computer of Selfs victim was *607 harmless. The day planner and computer data were central to the prosecution’s ease. While it is possible that the evidence would have been sufficient to convict Self absent the introduction of this hearsay, it is not plausible…

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