ORTIZ v. YATES

No. 11-56383.

704 F.3d 1026 (2012)

Adilao Juan ORTIZ, Petitioner-Appellant, v. James A. YATES, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2012.


Attorney(s) appearing for the Case

Jerald W. Newton , Sedona, AZ, for Petitioner-Appellant.

Corey J. Robins , Office of the Attorney General of the State of California, Los Angeles, CA, for Respondent-Appellee.

Opinion by Judge BERZON; Dissent by Judge FERNANDEZ.


OPINION

BERZON, Circuit Judge:

Petitioner Adilao Juan Ortiz ("Ortiz") was convicted by a jury of willful infliction of corporal injury to his spouse in violation of California Penal Code § 273.5. At trial, Ortiz's wife, Miriam Ortiz ("Miriam") testified on behalf of the prosecution. Ortiz maintains that he was denied his Sixth Amendment right to confront adverse witnesses when the trial judge precluded his trial counsel from asking Miriam whether she...

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