United States Fifth Circuit
Jones v. Cain, 09-30174
In a murder prosecution, a grant of petitioner's habeas petition is affirmed where the state court unreasonably applied clearly established federal law by holding that no Sixth Amendment violation occurred when a jury heard recorded testimony from a deceased witness to a murder. However, the portion of the order conditionally dismissing the indictment is vacated where a habeas court can act solely on the body of the prisoner, and thus it ordinarily lacks the power to order the dismissal of an indictment.
Appellate Information
- Decided 03/15/2010
- Published 03/16/2010
Judges
Court
- United States Fifth Circuit