United States Sixth Circuit

Denial of a habeas petition seeking relief from a state court conviction for armed robbery and evading arrest is affirmed where the decision of Tennessee courts to allow prior testimony of a witness deemed unavailable for trial was neither contrary to nor an unreasonable application of federal law. The court adopts the de novo standard for reviewing issues of the unavailability of a witness and the reasonableness of the state's efforts to produce the witness.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• Before: SILER, BATCHELDER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Michael C. Holley, R. David Baker, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee.