· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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