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Fifth Circuit· 11/15/2007

Horn v. Quarterman

Citations

  • 508 F.3d 306
  • 2007 U.S. App. LEXIS 26557
  • 2007 WL 3380185

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the -9- protection of seriously ill witnesses may give rise to the type of necessity required under Craig to permit testimony by way of closed-circuit television”
  • concluding witness could see jury and court where record established defendant could see witness and witness could see defendant and there was no evidence or claim to the contrary
  • concluding, on appeal from a federal habeas petition, that the state court did not unreasonably apply federal law when it permitted a terminally ill witness, whose doctor advised against travel, to testify via a two-way closed circuit television
  • finding Craig’s “necessity-based exception” satisfied on habeas review when the witness was “terminally ill with cancer and being treated in [another state]”
  • relying on Craig and its progeny in examining whether the admission of a terminally ill witness's testimony via two-way video was contrary to clearly established federal law
  • finding requisite state interest for use of two-way closed circuit television when necessary to “protect^ the witness . . . from physical danger or suffering” because of witness’ illness and inability to travel

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Barksdale, Garza

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Horn v. Quarterman

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.