Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Gonzalez: Confrontation Clause Error Was Harmless

By Tim Cone

In Gonzalez v. Sec. Fla. Dep?t of Corrections, No. 09-15599 (Jan. 3, 2011), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1992 murder.The Court did not reach the issue whether Gonzalez? post-collateral motion in Florida State Court was ?properly filed? for purposes of tolling the federal habeas statute of limitations, and instead denied the petition on the merits.The Court rejected the argument that the Confrontation Clause error in admitting at trial the confession of Gonzalez? non-testifying co-defendants was not harmless error. The Court agreed with the Florida Supreme Court that in light of Gonzalez? own confession, and other evidence, the error in admitting this evidence was harmless.The Court also rejected the argument that the Florida state courts erroneously disallowed two of Gonzalez? peremptory challenges...continue to full post

Full post as published by Defense Newsletter Blog on January 04, 2011 (boomark / email).