Acosta v. Raemisch, No. 17-1131 (10th Cir. 2017)
Annotate this CasePetitioner-Appellant Gabriel Acosta and his girlfriend, Chante Dillon, killed their roommate, Kimberly Dotson, after Dotson wrecked their car. Acosta and Dillon duct-taped, beat, and suffocated Dotson to death, then bagged her body in trash bags and threw her in a dumpster. Patricia Medina was the only eyewitness to the murder. Acosta and Dillin were both charged with first-degree murder. Before Acosta’s trial, Medina described the killing in a recorded statement to the police, in two criminal depositions at which she was cross-examined, and at Dillon’s trial, where she was again subjected to cross-examination. But Medina was deemed unavailable to testify at Acosta’s trial, so the transcripts of her testimony were read to the jury. Acosta was convicted and sentenced to life without parole. The Colorado Court of Appeals (CCA) affirmed his conviction. Acosta then sought habeas relief in federal court, claiming he was denied his right to confront witnesses against him and to the assistance of counsel, both in violation of the Sixth Amendment. The district court denied relief. Finding no reversible error, the Tenth Circuit affirmed.
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