No. 18-6909

Albert Andrew Lucero v. Kim Holland, Warden

Lower Court: Ninth Circuit
Docketed: 2018-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendment's Confrontation Clause protects a co-defendant in a joint trial from the introduction of incriminating confessional statements by a non-testifying co-defendant, as recognized in Bruton v. United States, 391 U.S. 123 (1968) and its progeny, or is the Bruton rule subsumed under the testimonial/nontestimonial statement analysis of Crawford v. Washington, 541 U.S. 36 (2004), as the Ninth Circuit held here?

Question Presented (OCR Extract)

QUESTION PRESENTED Was the California Court of Appeal’s decision contrary to, or an unreasonable application of, this Court’s jurisprudence holding that the Sixth Amendment’s Confrontation Clause protects a co-defendant in a joint trial from the introduction of incriminating confessional statements by a non-testifying co-defendant, as recognized in Bruton v. United States, 391 U.S. 123 (1968) and its progeny, or is the Bruton rule subsumed under the statement analysis of Crawford v. Washington, 541 U.S. 36 (2004), as the Ninth Circuit held here? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent Kim Holland to respond filed.
2018-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2019)

Attorneys

Albert Lucero
Johanna S. SchiavoniLaw Office of Johanna S. Schiavoni, Petitioner
Johanna S. SchiavoniLaw Office of Johanna S. Schiavoni, Petitioner
Kim Holland
Lewis Albert MartinezCalifornia Dept. of Justice, Respondent
Lewis Albert MartinezCalifornia Dept. of Justice, Respondent