United States Eighth Circuit

District court judgment granting a petition for writ of habeas corpus is affirmed where: 1) the court did not err in concluding that the Minnesota Supreme Court unreasonably applied Crawford v. Washington when it found petitioner's Sixth Amendment Confrontation Clause rights were not violated by the admission of statements the victim made to a social worker in the presence of a detective, as the statements were testimonial in nature; and 2) the admission of the statements was not harmless error as the prosecution's case rested heavily on the social worker's testimony and her videotape of the interview with the victim.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, BYE, Circuit Judge, and MILLER, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kelly O'Neill Moller, AAG, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Lynne Torgerson, argued, Minneapolis, MN, for appellee.