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No. 8629327
United States Court of Appeals for the Ninth Circuit
Gonzalez v. Hamlet
No. 8629327 · Decided March 7, 2007
No. 8629327·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 7, 2007
Citation
No. 8629327
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** The sole question presented in this appeal by Respondent warden is whether the district court erred as a matter of law when it applied Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), retroactively to the hearsay/confrontation claim of Petitioner Adam Gonzalez. The Supreme Court of the United States now has answered that question in the affirmative. In Whorton v. Bockting, — U.S. -, 127 S.Ct. 1173 , 167 L.Ed.2d 1 (2007), the Court held that the Crawford rule does not apply retroactively to cases, like this one, that are on collateral review. Petitioner’s direct review became final in 2003. Accordingly, we must conclude that the district court applied an incorrect legal standard and that, on remand, it must apply pre-Craw ford principles to Petitioner’s claim. REVERSED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** The sole question presented in this appeal by Respondent warden is whether the district court erred as a matter of law when it applied Crawford v.
Key Points
01MEMORANDUM ** The sole question presented in this appeal by Respondent warden is whether the district court erred as a matter of law when it applied Crawford v.
021354 , 158 L.Ed.2d 177 (2004), retroactively to the hearsay/confrontation claim of Petitioner Adam Gonzalez.
03The Supreme Court of the United States now has answered that question in the affirmative.
041173 , 167 L.Ed.2d 1 (2007), the Court held that the Crawford rule does not apply retroactively to cases, like this one, that are on collateral review.
Frequently Asked Questions
MEMORANDUM ** The sole question presented in this appeal by Respondent warden is whether the district court erred as a matter of law when it applied Crawford v.
FlawCheck shows no negative treatment for Gonzalez v. Hamlet in the current circuit citation data.
This case was decided on March 7, 2007.
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