Anthony D. Hardnett v. Charles D. Marshall

Opinion by Judge NOONAN; Concurrences by Judges SCHROEDER and JONES.

NOONAN, Circuit Judge:

This case involves a difficult question of whether a prosecutor’s violation of a criminal defendant’s rights under the Confrontation Clause, as applied to California by the Due Process Clause, was of a character to warrant the grant of habeas corpus. The issue is close. The ease is as follows:

In the early hours of October 7, 1989, at the Winsor Hotel, 20 Sixth Street between Market and Mission Streets, San Francisco, a block away from this Court of Appeals and two long blocks from City Hall, Vance Outlaw…