No. 21-5238

Deyaa Khalill v. W. L. Montgomery, Warden

Lower Court: Ninth Circuit
Docketed: 2021-07-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment
Key Terms:
FifthAmendment DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation

Question Presented (OCR Extract)

No question identified. : TOPICAL INDEX Page CONSTITUTIONAL PROVISIONS INVOLVED .3 REASON FOR GRANTING CERTIORARI .5 Certiorari Should Be Granted to Determine When Preliminary Hearing Testimony Sufficiently Guarantees a Criminal Defendant the Right to Confront and Crossexamine Witnesses . 0.00 c cece eee eee D A. Introduction . 0.0.00 cee eee B C. The CCA Opinion.02.24.7 D. The Ninth Circuit Opinion .8 E. Criminal Defendants Have the Constitutional Right to Confront and Cross-Examine Adverse Witnesses . 0... cee ee 8 F. A Preliminary Hearing Differs froma Trial ...9 G. Admission of A Witness’s Preliminary Hearing Testimony at Trial .10 H. This Court Should Adopt the People v. Fry and State v. Stuart Standards .11 1 I. Khalill’s CrossExamination at the Preliminary Hearing Was Unconstitutionally Restricted .. 12 1. The Magistrate Restricted Cross-Examination .12 2. The Magistrate’s Restrictions and Feissa’s Refusal to Answer Questions Deprived Khalill of His Right to Confront and Cross-Examination Witnesses .138 J. Certiorari Should Be Granted Because Khalill Had No Meaningful Prior Opportunity for Cross-Examination .15

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-08-03
Waiver of right of respondent W. Montgomery to respond filed.
2021-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2021)

Attorneys

Deyaa Khalill
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
W. Montgomery
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent