No. 19-6923

Adrian Alaniz v. Scott Frauenheim, Warden

Lower Court: Ninth Circuit
Docketed: 2019-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review
Latest Conference: 2020-01-17
Question Presented (from Petition)

I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial?

II. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, where the state court unreasonably denied his claim that the prosecutor 's multiple arguments commenting on Petitioner 's silent failure to present any testimony from himself or others stating that Petitioner stated that he believed he was acting in defense of self or others, violated his federal constitutional rights per Doyle v. Ohio, 426 U.S. 610 (1976), Griffin v. California, 380 U.S. 609 (1965) and Napue v. Illinois, 360 U.S. 264, 269 (1959)?

III. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability, where the state court unreasonably denied his claim that Petitioner 's Second Amendment right to carry a firearm for self-defense were violated by the prosecutor 's repeated arguments that Petitioner 's decision made earlier in the day to carry a firearm for protection proved that he had premeditated the killing?

Question Presented (AI Summary)

Whether the conceded admission of gang hearsay evidence in violation of the Confrontation Clause was prejudicial

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Frauenheim, Warden to respond filed.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)

Attorneys

Adrian Alaniz
Adrian Alaniz — Petitioner
Frauenheim, Warden
David M. BaskindCalifornia Department of Justice, Respondent