Opinion

Calvin Jackson v. Robert Legrand

  • 688 F.3d 1091
  • 2012 U.S. App. LEXIS 16292
  • 2012 WL 3156377
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 6, 2012
Status
Published
Author
Goodwin
On the bench
Goodwin, Reinhardt, Murguia
Cited by
12 cases

holding that a trial court’s restriction on a habeas petitioner’s cross-examination of police officers regarding the victim’s prior unsubstantiated claims of assault was both contrary to and an unreasonable application of Lucas

How later courts described this case

  • holding that a trial court’s restriction on a habeas petitioner’s cross-examination of police officers regarding the victim’s prior unsubstantiated claims of assault was both contrary to and an unreasonable application of Lucas
  • discussing Fowler v. Sacramento Cty. Sheriff's Dept., 421 F.3d 1027, 1035-1038 (C.A.9 2005) and Holley v. Yarborough, 568 F.3d 1091, 1098-1101 (C.A.9 2009)
  • relying in part on Crane v. Kentucky, 476 U.S. 683, 690, 106 S.Ct. 2142, 90 L.Ed.2d 636 (1986)
  • “Additionally, a violation of the right to present a defense does not occur any time such evidence is excluded, but rather only when its exclusion is ‘arbitrary or disproportionate to the purposes [the exclusionary rule is] designed to serve.’ ”

Written by the judges who cited it.

The opinion

GOODWIN, Circuit Judge,

dissenting:

I respectfully dissent. The appellant did not present in his appeal to this court a competency-of-counsel question, and I believe that his failure timely to request a Miller hearing to support his effort to impeach the complaining witness was a default by the defense. Rejection of the proffered evidence, therefore, was not a constitutional error by the state trial court. The United States District Court for the District of Nevada complied with the requirements of AEDPA. I would affirm the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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