United States Tenth Circuit

Denial of a habeas petition in a first-degree murder case is reversed where a conclusion -- that the admission of a non-testifying accomplice's confession, which also inculpated petitioner in a murder-for-hire, did not violate petitioner's rights under the Confrontation Clause -- was contrary to clearly established federal law, the introduction of the confession violated his rights under the Confrontation Clause, and the error was not harmless.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• HENRY, Circuit Judge., Before HENRY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Madeline S. Cohen, Assistant Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Laurie A. Booras, First Assistant Attorney General, Appellate Division, Criminal Justice Section (John W. Suthers, Attorney General, with her on the brief), State of Colorado, Denver, CO, for Respondents-Appellees.