Ponce v. Felker

GRABER, Circuit Judge:

Petitioner Luis Phillip Ponce was convicted in California state court of burglary and murder. In this appeal, he challenges the district court’s denial of his habeas petition, arguing that the admission of certain testimony violated his rights under the Confrontation Clause. The California Court of Appeal affirmed the convictions, reasoning that the testimony fell within the “forfeiture by wrongdoing” exception to a defendant’s right to confront the witnesses against him. The Supreme Court later ruled, in Giles v. California, — U.S. -, 128 S.Ct. 2678, 2693, 171 L.Ed.2d…