Denial of defendant’s petition for habeas relief is reversed and remanded where: 1) the detective testifying to the co-actors’ statements violated defendant’s right of confrontation; 2) the statements were inadmissible under Roberts as they neither fell within a firmly rooted hearsay exception nor did they contain particularized guarantees of trustworthiness; 3) the error in admitting statements by the nontestifying co-actors was plain and defendant’s substantial rights were affected; and 4) defendant’s petition is determined to be timely.
Read Ray v. Boatwright, No. 08-2825
Appellate Information
Appeal from the United States District Court for the Eastern District of Wisconsin
Decided January 21, 2010
Judges
Before: Bauer, Williams, and Manion, Circuit Judges
Opinion by Circuit Judge Bauer
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