Court of Appeals for the Ninth Circuit November 14, 2003, No. 02-17030; D.C. No. CV-98-02464-GEB (Dobynes v. Hubbard)

MEMORANDUM *

California state prisoner Darrick Jacques Dobynes was convicted for murder by firearm in a gang-related context on the basis of the testimony of Andrew Armstead and Steven Kohn. The court admitted their testimony though Armstead disappeared before trial and Kohn left the trial before Dobynes’s counsel cross-examined him. Dobynes’s 28 U.S.C.