Gochicoa v. Johnson

I concur in part II of the majority opinion insofar as it holds that the district court erred in finding a constructive denial of counsel. I disagree, however, with part III, which rejects Gochicoa’s cross-appeal based on Strickland. Therefore, I respectfully dissent.

I

Gochicoa ITs suggestion that the “crucial” and “devastating” factor of the Dut-ton Confrontation Clause test is equivalent to the harmless error test for erroneously admitted hearsay was an erroneous dictum; actually, Gochicoa II did not apply a harmless error test at all. Instead, it.applied an inverted sufficiency of evidence…