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[DOWNLOAD] "Stoner V. Sowders" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

Stoner V. Sowders

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eBook details

  • Title: Stoner V. Sowders
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 06, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

MERRITT, Chief Judge. Petitioner, Charles Stoner, now serving a 13-year sentence in Kentucky, seeks a writ of habeas corpus alleging that two constitutional errors were committed at his state trial. First, he contends that the state court denied his Sixth Amendment right to confront the witnesses against him by admitting videotaped depositions of two witnesses without a sufficient showing of their unavailability to give live testimony. The court allowed the witnesses to give the deposition at the local police station the day before the trial began, thereby avoiding giving live testimony and cross-examination in court. The trial court excused them from having to confront the defendant in open court the next day because of a brief doctor's note citing their advanced age and poor health. Second, Mr. Stoner alleges that the prosecution violated his rights under the Equal Protection Clause of the Fourteenth Amendment by using peremptory challenges to improperly exclude African-Americans from the petit jury. Because we grant the petition on Confrontation Clause grounds, we need not reach the Equal Protection issue.


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