HARRIS v. WAINWRIGHT

No. 84-5377.

760 F.2d 1148 (1985)

Carlton HARRIS, # 079919, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 20, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Fla., Michael J. Neimand, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, Fla., for respondent-appellant.

Joel Hirschhorn, Miami, Fla., for petitioner-appellee.

Before GODBOLD, Chief Judge, HILL, Circuit Judge, and PECK, Senior Circuit Judge.


GODBOLD, Chief Judge:

The district court granted habeas corpus to the petitioner, a Florida state prisoner, because at petitioner's trial the court admitted hearsay testimony into evidence, over proper objection, which violated petitioner's constitutional right to confront the witnesses against him under the Sixth Amendment as made applicable to the states through the Fourteenth Amendment. We agree with the district court and affirm.

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