United States Sixth Circuit

Dismissal of a habeas application challenging a conviction for rape of a victim under the age of thirteen and a related offense is affirmed where a state court's decision to admit certain hearsay evidence was not contrary to clearly established federal law with respect to: 1) a child victim who was unwilling to testify; and 2) the trustworthiness of the hearsay evidence.

Appellate Information

• Decided 03/27/2006
• Published 03/27/2006

Judges

• Before:  RYAN, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nathan A. Ray, Akron, Ohio, for Appellant.  Erik J. Clark, Ohio Attorney General Office, Columbus, Ohio, for Appellee.   ON BRIEF:  Nathan A. Ray, Akron, Ohio, for Appellant.  Gregory T. Hartke, Ohio Attorney General Office, Corrections Litigation Section, Cleveland, Ohio, for Appellee.