Leif Carlson, Sr. v. Attorney General of California

OPINION

BERZON, Circuit Judge:

One early Sunday afternoon, Joshua Barragan (“Joshua”) called the Moraga Police Department to report that his stepfather, Leif Carlson, Sr. (“Carlson”), had hit seven-year-old Leif Carlson, Jr. (“Leif Jr.”) in the face. When Officer Ronald Ward arrived on the scene, he observed redness and bruising on Leif Jr.’s left cheek. The state charged Carlson — Leif Jr.’s father — with willful infliction of harm or injury to a child, Cal.Penal Code § 273a(b).

The case went to trial. Carlson’s wife, Lena Carlson (“Lena”), and Leif Jr. were subpoenaed to testify but never…