United States Third Circuit

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Eley v. Erickson, 10-4725

District court's denial of defendant's petition for habeas corpus is reversed and remanded, where: 1) defendant was not deprived of his due process rights because it was objectively reasonable for the Superior Court to decide that a rational jury could have found defendant guilty of second-degree murder, robbery, and conspiracy to commit robbery beyond a reasonable doubt; but 2) defendant's Sixth Amendment confrontation right was violated when his non-testifying co-defendant's confession was admitted against him at their joint trial and his motion to sever was denied, and this error was not harmless.

Appellate Information

  • Decided 04/09/2013
  • Published 04/09/2013

Judges

  • FISHER

Court

  • United States Third Circuit

Counsel

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