Criminal Sexual Conduct Habeas Petition

In Danforth v. Crist, No. 05-3987, a prosecution for first-degree criminal sexual conduct, the court affirmed the denial of petitioner’s habeas petition where 1) Crawford v. Washington did not apply retroactively to petitioner’s case; 2) petitioner failed to show a clearly established right to be present when a videotaped statement is made under federal law; and 3) the trial court did not make an unreasonable determination of the facts in finding the victim’s statement reliable despite its finding that the victim was incompetent to testify at trial.

 

Related Resources

  • Read the Eighth Circuit’s Decision in Danforth v. Crist, No. 05-3987

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