Thomas

Thomas v. Budge

Good Law
291 F. App'x 28
United States Court of Appeals for the Ninth CircuitAugust 14, 2008No. 07-16507California515 words

Opinion

Lead Opinion

*29 MEMORANDUM ***

Ty Thomas, a Nevada prisoner, appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . The district court granted a Certificate of Appealability with respect to one issue. We decline to expand the Certificate of Appealability to the other issues Thomas raises. We review de novo the district court’s denial of a writ of habeas corpus. Shackleford v. Hubbard, 234 F.3d 1072, 1077 (9th Cir.2000). Under AEDPA, we will only grant a petition for writ of habeas corpus if the state court’s ruling was contrary to, or an unreasonable determination of, clearly established Supreme Court precedent. 28 U.S.C. § 2254 (d). We affirm the denial of the petition.

Thomas argues that he was denied his Sixth Amendment right to confront the witnesses against him when the trial court admitted the transcript of a witness’s testimony at the preliminary hearing. Thomas contends that the admission of the transcript was improper because the witness was not unavailable. To show that a witness is unavailable, the government must first make a good faith effort to secure the witness’s attendance at trial. Barber v. Page, 390 U.S. 719, 724-25 , 88 S.Ct. 1318 , 20…

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