United States Eighth Circuit

In a prosecution for first-degree criminal sexual conduct, the denial of petitioner's habeas petition is affirmed where: 1) Crawford v. Washington did not apply retroactively to petitioner's case; 2) petitioner failed to show a clearly established right to be present when a videotaped statement is made under federal law; and 3) the trial court did not make an unreasonable determination of the facts in finding the victim's statement reliable despite its finding that the victim was incompetent to testify at trial.

Appellate Information

• Decided 10/25/2010
• Published 10/25/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel