United States Third Circuit

The denial of a habeas petition is affirmed, where: 1) the state court's ruling that a witness was unavailable as a matter of law and that the defendant was not denied a full and fair opportunity to cross-examine, and thus that the witness's prior testimony was admissible, was not an unreasonable application of clearly established federal law; 2) a claim for ineffective assistance of counsel failed because there was no prejudice; 3) the trial court did not err by conferencing with a single juror in the absence of the rest of the jury; and 4) the defendant's Fifth Amendment rights were not violated by the trial judge's decision to hold an in camera conference without his presence.

Appellate Information

• Decided 03/06/2012
• Published 03/06/2012

Judges

• Smith

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Diana Stavroulakis, Leanne K. Shipley