United States Ninth Circuit

Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354 (2004), which held that "testimonial statements of witnesses absent from trial have been admitted only where the declarant is unavailable and only where the defendant has had a prior opportunity to cross-examine," is retroactive.

Appellate Information

• Argued 06/13/2007
• Decided 02/22/2005
• Published 02/22/2005

Judges

• Before:  J. CLIFFORD WALLACE, JOHN T. NOONAN, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Franny A. Forsman, Federal Public Defender, Las Vegas, NV, for petitioner Marvin Howard Bockting.


• For Appellees:
  
• Victor-Hugo Schulze, II and Rene L. Hulse, Nevada State Attorney General's Office, for respondent Robert Bayer.