United States Eighth Circuit

Denial of petition for a writ of habeas corpus is affirmed where: 1) the state court did not unreasonably apply clearly established Supreme Court precedent in ruling that admission of victim's out-of-court testimonial statements did not violate plaintiff's Sixth Amendment rights; and 2) the victim's inability to remember details of her prior statements did not render admission of the statements constitutionally defective.

Appellate Information

• Decided 04/15/2009
• Published 04/15/2009

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David T. Schultz, argued, David T. Schultz and JoLynn M. Markison, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Tibor M. Gallo, AAG, argued, St. Paul, MN, for appellee.