Legal Opinion
Hernandez v. Castro
Court of Appeals for the Ninth Circuit
Decided August 19, 2003No. 02-55105; D.C. No. CV-00-00588-RTPublished
1Opinion of the Court
MEMORANDUM**
Gabriel Louis Hernandez, a California state prisoner, appeals the district court’s *545dismissal of his 28 U.S.C. § 2254 petition challenging his conviction and 25-years-to-life sentence for inflicting injury on a co-habitant and using methamphetamine. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Hernandez contends the district court erred in concluding that he had procedurally defaulted his as-applied constitutional challenge to California Evidence Code section 1370. He first argues that federal review is warranted because the state court discussed the merits of…
2Cases cited4 opinions
- Harris v. ReedSupreme Court of the United States · 1989
- Bennie Scott Loveland v. Sherman HatcherCourt of Appeals for the Ninth Circuit · 2000
- The PEOPLE of the TERRITORY of GUAM, Plaintiff-Appellee, v. Vincente R. CEPEDA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
- Edmund Y. Chein v. Richard Shumsky, Chief Probation Officer La County California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003