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PADILLA v. TERHUNE

No. 01-56325.

309 F.3d 614 (2002)

Joseph Anthony PADILLA, Petitioner-Appellant, v. Cal A. TERHUNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2002.

Attorney(s) appearing for the Case

Robert Franklin Howell, La Jolla, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, and Sabrina Y. Lane-Erwin, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before THOMPSON and RAWLINSON, Circuit Judges, and SCHWARZER, Senior United States District Judge.

OPINION

SCHWARZER, Senior District Judge.

Joseph Anthony Padilla appeals the district court's denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. We must decide whether the admission of hearsay evidence admitted at his trial for murder violated the Confrontation Clause and, if it did, whether the error was harmless.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 27, 1994, Erik Gorka, the victim...

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