United States First Circuit
ELLSWORTH v. WARDEN, 02-1226
In sexual assault convictions, petitioner's Confrontation Clause rights were violated when the judge failed to allow him to cross-examine a juvenile victim on earlier sexual abuse, and error was not harmless. Suppressed exculpatory evidence was sufficient to undermine confidence in the jury's verdict.
Appellate Information
- Decided 01/31/2003
- Published 01/31/2003
Judges
- Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, and HOWARD, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. were on brief, for appellant.
- For Appellees:
- James D. Rosenberg, Assistant Attorney General, for appellees.