Wednesday, July 01, 2015

Carlson v. Attorney General, No. 13-16535 (Berzon with Rawlinson and Bucklo, Sr D.J.) --- The Ninth Circuit affirmed the denial of a California state prisoner's ยง 2254 petition, holding that the forfeiture-by-wrongdoing exception to the Sixth Amendment right of confrontation, see generally Giles v. California, 554 U.S. 353 (2008), was clearly established federal law and that the state courts did not unreasonably conclude that the petitioner here engaged in the wrongful conduct required to permit the introduction of the victim's hearsay testimony at his trial for child abuse.

The decision is here:

Note:   Friday was an important day for civil rights and gay rights and human dignity.  The Supreme Court, in Obergefell v. Hodges, found that same-sex couples have the right to marry.  In a 5-4 decision, Justice Kennedy writes that same sex couples "ask for equal dignity in the eyes of the law.  The Constitution grants them that right." The dissenters rail against the finding of any such right, in various tones.  The ruling is historic.


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