Harold Morales v. Rosanne Campbell

FILED
NOT FOR PUBLICATION JUL 21 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

HAROLD MORALES, No. 08-16294

Petitioner - Appellant, D.C. No. 3:06-CV-06645-MHP

v.
MEMORANDUM *
ROSANNE CAMPBELL, Warden,

Respondent - Appellee,

PEOPLE OF THE STATE OF
CALIFORNIA,

Real-party-in-interest -
Appellee.

Appeal from the United States District Court
for the Northern District of California
Marilyn H. Patel, District Judge, Presiding

Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
 California state prisoner Harold Morales appeals from the district court’s

judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have

jurisdiction under 28 U.S.C. § 2253, and we affirm.

Morales contends that the trial court violated his Sixth Amendment rights by

admitting statements by the woman he was convicted of murdering. Morales

argues that Giles v. California, 128 S.Ct. 2678 (2008), applies retroactively, or

alternatively, the state court’s application of the “forfeiture by wrongdoing”

doctrine was contrary to or an unreasonable application of clearly established

federal law as determined by the United States Supreme Court at the time of his

appeal. These contentions are foreclosed. See Ponce v. Felker, 606 F.3d 596 (9th

Cir. 2010).

AFFIRMED.

2 08-16294