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MELENDEZ v. PLILER

No. 01-55272.

288 F.3d 1120 (2002)

Adonay MELENDEZ, Petitioner-Appellant, v. Cheryl PLILER, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 11, 2002.

Filed April 24, 2002.

Attorney(s) appearing for the Case

David H. Goodwin, Attorney at Law, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Steven E. Mercer, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before WARDLAW and W. FLETCHER, Circuit Judges, and JEREMY FOGEL, District Judge.

OPINION

FOGEL, District Judge.

Adonay Melendez, a state prisoner, appealed his conviction on the ground that the admission of a co-defendant's partially redacted statement implicating him in a murder violated his Sixth Amendment right to confrontation. The California Court of Appeal determined that Melendez had not objected timely to admission of the statement at trial and consequently had waived his right to assert his Sixth Amendment claim on appeal. The...

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