United States Ninth Circuit
Smith v. Oregon Board of Parole, 11-35338
The district court's dismissal of a habeas corpus petition is vacated and remanded, where: 1) petitioner challenged certain trial testimony on hearsay grounds, but did not raise a Confrontation Clause objection until his direct appeal; and 2) petitioner's claim was not procedurally defaulted because it was plausible to construe the state appellate court's ambiguous response as acting on the merits of petitioner's Confrontation Clause claim.
Appellate Information
- Decided 11/26/2013
- Published 11/26/2013
Judges
- HURWITZ
Court
- United States Ninth Circuit