[Download] "Cook V. Mckune" by Tenth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Cook V. Mckune
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 18, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Kenneth Cook appeals from the denial of his petition for habeas corpus challenging the constitutionality of his conviction in Kansas for the murder of Charles Duty. Of the two witnesses who testified that they were present at the murder, only one, David Rudell, testified that Cook committed the murder. Rudell was not present at the trial. Instead, the trial court found that Rudell was unavailable to testify at trial, and his preliminary hearing testimony was read into the record. Cook contends that the use of Rudell's prior testimony violated Cook's Sixth Amendment right to confront the witnesses against him. We reverse and remand with directions to grant the writ.
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