Lucero v. Holland, No. 15-16111 (9th Cir. 2018)Annotate this Case
Sixth Amendment Confrontation Clause rights protected in Bruton v. United States, 391 U.S. 123 (1968), do not extend to statements that are nontestimonial. Petitioner appealed the denial of his 28 U.S.C. 2254 petition for habeas relief, challenging his California conviction for premeditated attempted murder, possession of a shank in jail, and participation in a criminal street gang.
The panel affirmed the district court's judgment as to petitioner's Bruton claim. The panel held that, because the codefendant statement at issue was nontestimonial and thus not within the Confrontation Clause's protection under Crawford v. Washington, 541 U.S. 36, 68 (2004), the Bruton protections concerning the introduction of statements by non-testifying codefendants did not apply. The panel reversed, however, the district court's denial of the habeas petition as to the sufficiency of the evidence under Jackson v. Virginia, 443 U.S. 307 (1979), on one of the three offenses for which petitioner was convicted, possession of a dirk or dagger or sharp instrument in jail.