Opinion
No. 12-16307
09-25-2014
DANNY ALFRED FONTANA, Petitioner - Appellant, v. FRANK X. CHAVEZ, Warden; ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, Respondents - Appellees.
NOT FOR PUBLICATION
D.C. No. 3:11-cv-03701-WHA MEMORANDUM Appeal from the United States District Court for the Northern District of California
William Alsup, District Judge, Presiding
Argued and Submitted September 9, 2014
San Francisco, California
Before: REINHARDT, GOULD, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On the issues certified for appeal to this court, Petitioner contends that the California trial court violated his due process right to present a defense and Sixth Amendment right to cross-examine adverse witnesses. The California Supreme Court rejected these claims. Assuming constitutional error, we hold that the trial court's exclusion of evidence related to the victim's consensual sex with her boyfriend was harmless under Brecht v. Abrahamson, 507 U.S. 619 (1993).
AFFIRMED.