Nappi v. Yelich, No. 14-2201 (2d Cir. 2015)
Annotate this CasePetitioner, convicted of criminal possession of a weapon, appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The district court issued a certificate of appealability on the issue of whether habeas relief is warranted on the ground that petitioner's Confrontation Clause right was violated by the state trial court’s order precluding petitioner from cross‐examining his wife, the main witness against him at trial, about her motive for testifying against him. The court concluded that the limitation imposed on petitioner’s ability to cross‐examine the key witness against him at trial was contrary to clearly established Supreme Court Confrontation Clause jurisprudence and the error was not harmless. Accordingly, the court reversed and remanded with instructions.
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