United States Sixth Circuit

Grant of habeas relief from a conviction for criminal sexual conduct with an 11 year old girl is affirmed as: 1) there was no serious dispute that a violation of the Confrontation Clause occurred via an officer's testimony regarding a prior complainant; and 2) the officer's testimony had a substantial and injurious effect or influence on the jury's verdict under the Brecht v. Abrahamson test for harmless error.

Appellate Information

• Argued 10/07/2009
• Decided 12/09/2009
• Published 12/09/2009

Judges

• Before: MARTIN, COLE, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Janet A. Van Cleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Todd Shanker, Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF:Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Todd Shanker, Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee.