United States Sixth Circuit

Denial of defendant's petition for habeas relief from a conviction of rape of a child under thirteen years of age and related crimes is reversed and a conditional writ as to the indictment charging defendant with gross sexual imposition against a minor victim is granted as the admission of a videotape deposition without a proper finding that the witness was constitutionally unavailable violated defendant's clearly established right to confrontation under the Sixth Amendment. However, district court's judgment as to the remainder of the petition is affirmed as defendant is not entitled to relief on the remainder of his claims.

Appellate Information

• Decided 12/18/2009
• Published 12/18/2009

Judges

• Before:  MOORE, GIBBONS, and FRIEDMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Molly S. Crabtree, Porter Wright Morris & Arthur LLP, Columbus, Ohio, for Appellant.  Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Molly S. Crabtree, James B. Hadden, Porter Wright Morris & Arthur LLP, Columbus, Ohio, for Appellant.  Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.