United States Third Circuit

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Ross v. The District Attorney of the County of Allegheny, 10-1320

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


  • Smith


  • United States Third Circuit


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

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