Ocampo v. Vail, No. 08-35586 (9th Cir. 2011)
Annotate this CaseAppellant filed a petition for writ of habeas corpus relief where he was found guilty of first-degree murder. At issue was whether appellant's constitutional right to confront witnesses was denied in his jury trial by the admission of testimony by law enforcement officers regarding statements made by a potential witness who did not testify. The court held that the admission of the testimony was erronous and prejudicial under the Brecht v. Abrahamson standard where the testimony bolstered the the state's weak case against appellant and flatly contradicted appellant's alibi defense. Accordingly, the court reversed the denial of appellant's petition for writ of habeas corpus and remanded with instructions to grant the writ unless the State elected to retry appellant within a reasonable amount of time.
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