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Mercado v. Terhune

Citation: 14 F. App'x 938Docket: No. 00-55139; D.C. No. CV-99-00241-RJT

Court: Court of Appeals for the Ninth Circuit; July 24, 2001; Federal Appellate Court

Narrative Opinion Summary

In this case, a California state prisoner appealed the denial of his habeas corpus petition under 28 U.S.C. § 2254. The Ninth Circuit Court of Appeals, exercising jurisdiction under 28 U.S.C. § 2253(a), reviewed the case de novo and affirmed the lower court's ruling. The appellant contended that his convictions for first-degree murder and related offenses should be overturned due to a violation of his Sixth Amendment right to confrontation. This alleged violation arose from the admission of a confession by a non-testifying co-defendant that implicated him. However, the court found this argument unpersuasive, determining that any error was harmless beyond a reasonable doubt, following the standard set forth in Chapman v. California. The court highlighted substantial evidence of the appellant's guilt, including testimony from a close acquaintance and physical evidence linking him to the crime. Consequently, the court concluded that the admission of the co-defendant's confession did not influence the verdict, thus affirming the denial of the habeas petition. The decision is not intended for publication and is governed by citation restrictions as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Appellate Jurisdiction under 28 U.S.C. § 2253(a)

Application: The Ninth Circuit exercised jurisdiction to review the case de novo under 28 U.S.C. § 2253(a).

Reasoning: The Ninth Circuit affirms the lower court's decision, asserting jurisdiction under 28 U.S.C. § 2253(a) and reviewing the case de novo.

Habeas Corpus under 28 U.S.C. § 2254

Application: The petitioner, a state prisoner, filed a habeas corpus petition under 28 U.S.C. § 2254 challenging his convictions, which was denied by the district court and affirmed by the Ninth Circuit.

Reasoning: Aaron Mercado, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition.

Harmless Error Standard

Application: The court applied the harmless error standard from Chapman v. California, concluding that any confrontation clause violation did not affect the verdict due to overwhelming evidence of guilt.

Reasoning: Citing Chapman v. California, the court explains that a harmless error standard can be applied to confrontation clause violations if the court can confidently assert that the error did not affect the verdict.

Non-Publication and Citation Rules

Application: The court's disposition is not intended for publication and is subject to specific citation restrictions under Ninth Circuit Rule 36-3.

Reasoning: The disposition is not intended for publication and cannot be cited in this circuit except under specific conditions outlined in 9th Cir. R. 36-3.

Sixth Amendment Right to Confrontation

Application: The appellant argued his Sixth Amendment rights were violated by admitting a non-testifying co-defendant's confession, but the court ruled the error as harmless beyond a reasonable doubt.

Reasoning: Mercado argues that his convictions for first-degree murder and related crimes should be reversed due to a violation of his Sixth Amendment right to confrontation, stemming from the admission of a non-testifying co-defendant's confession implicating him.