(Download) "White v. Pence" by United States Court of Appeals for the Eighth Circuit * Book PDF Kindle ePub Free

eBook details

Title: White v. Pence
Author : United States Court of Appeals for the Eighth Circuit
Release Date : January 13, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

The State of South Dakota appeals the district courts grant of habeas corpus relief to Dennis Lufkins. The district court found that Lufkins 1980 trial counsel was ineffective in the cross-examination of three witnesses and, therefore, the admission of their statements against Lufkins in a later trial violated his Sixth Amendment right to confront witnesses. We agree that ineffective cross-examination may under certain circumstances preclude the admission of testimony in a subsequent proceeding. But since we find that the admission of the three statements in this case was harmless beyond a reasonable doubt, we reverse the granting of habeas relief.