United States Sixth Circuit

In a death penalty case, grant of habeas relief pursuant to a claim that the admission of a hearsay statement of a co-defendant violated his rights under the Confrontation Clause of the Sixth (and Fourteenth) Amendment is reversed where: 1) Congress has given the circuit court authority to release from custody only inmates who are currently being held in violation of the Constitution; 2) that is not the case with respect to petitioner; and 3) neither the AEDPA nor Teague otherwise advances petitioner's application for relief.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• Before:  SUTTON and COOK, Circuit Judges;  ROSE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Matthew F. Leitman, Miller, Canfield, Paddock & Stone, Troy, Michigan, for Appellee.   ON BRIEF:  Brad H. Beaver, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Matthew F. Leitman, Miller, Canfield, Paddock & Stone, Troy, Michigan, F. Martin Tieber, Law Office of F. Martin Tieber, Saginaw, Michigan, for Appellee.