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Court Rejects 2013 Precedent Granting Habeas Relief, Holds Confrontation Clause Not Violated

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In Mitchell v. Superintendent Dallas SCI, No. 17-3118 (Aug. 23, 2018), the Court upholds the denial of relief to a habeas petitioner whose codefendant had prevailed on the very same claim in 2013. At issue was the admission of a third defendant?s out-of-court statements admitting his involvement in a robbery and murder for which all three were on trial, and claiming that the homicide was ?the other two?s idea.? The statements were recounted by inmates to whom the third defendant reportedly spoke about the case in jail.In Eley v. Ericson, 712 F.3d 837 (3d Cir. 2013), the Court determined that admitting the third defendant?s statements had violated codefendant Karim Eley?s Sixth Amendment right of confrontation under Bruton v. United States, 391 U...continue to full post

Full post as published by Third Circuit Blog on August 27, 2018 (boomark / email).