Friday, April 15, 2016

Turner v. McEwen , No. 13-56385 (4-13-16)(Clifton with Callahan and Ikuta). In a state carjacking and robbery trial, the victim could not identify his assailant.  A spectator in the gallery sat shaking her head.  After the verdict, the jurors explained that some thought the spectator was the victim's mother, instructing him not to answer. Petitioner (then defendant) moved for a new trial.  It was denied.  The state courts all denied his claim.

The 9th affirmed the district court's denial.  Under AEDPA, and deference, the state courts' decision that confrontation and due process rights were not violated was not unreasonable.  The jury had not considered extrinsic evidence; there was no Supreme Court decision on point.

Kathryn Ann Young of the FPD Cal Central (L.A.) fought hard on these points.
The decision is here:


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