PONCE v. FELKER

No. 08-56218.

606 F.3d 596 (2010)

Luis Phillip PONCE, Petitioner-Appellant, v. T. FELKER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2010.


Attorney(s) appearing for the Case

Zandra L. Lopez, Law Office of Zandra L. Lopez, San Diego, CA, for the petitioner-appellant.

Stephanie C. Brenan, Deputy Attorney General, Office of the Attorney General of California, Los Angeles, CA, for the respondent-appellee.

Before: B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.


GRABER, Circuit Judge:

Petitioner Luis Phillip Ponce was convicted in California state court of burglary and murder. In this appeal, he challenges the district court's denial of his habeas petition, arguing that the admission of certain testimony violated his rights under the Confrontation Clause. The California Court of Appeal affirmed the convictions, reasoning that the testimony fell within the "forfeiture by wrongdoing" exception to a defendant's right to confront...

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