Legal Opinion

In re Melvin Hiram Thomas II On Habeas Corpus

California Court of Appeal, 5th District

Decided December 27, 2018No. E069454PublishedCited by 9 opinions

1Opinion of the CourtSlough, J.

*748A jury convicted Melvin Hiram Thomas II in 2003 for receiving a stolen vehicle ( Pen. Code, § 496d, subd. (a), unlabeled statutory citations refer to this code) and active participation in a criminal street gang (§ 186.22, subd. (a) ).1 To support the gang conviction, the People offered a gang expert whose testimony included testimonial, out-of-court statements about the specific facts of Thomas's case.

On direct appeal, Thomas challenged the admissibility of the gang expert's testimony as testimonial hearsay which violated his Sixth Amendment confrontation rights under Crawford v. Washington…

2Cases cited42 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Stovall v. DennoSupreme Court of the United States · 1967

37 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re MiltonCalifornia Supreme Court · 2022
  2. In re BrownCalifornia Court of Appeal · 2020
  3. In re HadenCalifornia Court of Appeal · 2020
  4. In re MiltonCalifornia Court of Appeal · 2019
  5. In re RayfordCalifornia Court of Appeal · 2020

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API