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LUCERO v. HOLLAND

No. 15-16111.

902 F.3d 979 (2018)

Albert Andrew LUCERO, Petitioner-Appellant, v. Kim HOLLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2018.

Attorney(s) appearing for the Case

Johanna S. Schiavoni (argued), Law Office of Johanna S. Schiavoni, San Diego, California, for Petitioner-Appellant.

Lewis A. Martinez (argued), Deputy Attorney General; Tami Krenzin , Supervising Deputy Attorney General; Michael P. Farrell , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Fresno, California; for Respondent-Appellee.

Before: Marsha S. Berzon and Carlos T. Bea, Circuit Judges, and Terrence Berg, District Judge.

OPINION

We consider principally whether the Sixth Amendment Confrontation Clause rights protected in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), extend to statements that are nontestimonial, see Crawford v. Washington, 541...

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