United States Seventh Circuit

Denial of defendant's petition for habeas relief is reversed and remanded where: 1) the detective testifying to the co-actors' statements violated defendant's right of confrontation; 2) the statements were inadmissible under Roberts as they neither fell within a firmly rooted hearsay exception nor did they contain particularized guarantees of trustworthiness; 3) the error in admitting statements by the nontestifying co-actors was plain and defendant's substantial rights were affected; and 4) defendant's petition is determined to be timely.

Appellate Information

• Argued 11/05/2009
• Decided 01/21/2010
• Published 01/21/2010

Judges

• BAUER, Circuit Judge., Before BAUER, MANION and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jeetander T. Dulani, Winston & Strawn LLP, Washington, DC, for Petitioner-Appellant.


• For Appellees:
  
• Katherine D. Lloyd, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.