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ROGERS v. McMACKIN

No. 88-4092.

884 F.2d 252 (1989)

Darrick A. ROGERS, Petitioner-Appellee, v. Norris W. McMACKIN, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 28, 1989.

Attorney(s) appearing for the Case

J. Dean Carro (argued), University of Akron School of Law, Appellate Review Office, Akron, Ohio, for petitioner-appellee.

Donald G. Keyser, Asst. Atty. Gen. (argued), Office of the Atty. Gen. of Ohio, Columbus, Ohio, for respondent-appellant.

Philip D. Bogdanoff, Asst. Pros. Atty., Akron, Ohio, amicus curiae.

Before MILBURN and NELSON, Circuit Judges, and BERTELSMAN, District Judge.

DAVID A. NELSON, Circuit Judge.

This is a habeas corpus case brought by a man who was convicted, in a state court bench trial, of aggravated robbery and involuntary manslaughter. The question presented is whether the petitioner's constitutional right to be confronted with the witnesses against him was violated by the receipt into evidence of a nontestifying co-defendant's confession. On the strength of Bruton v. United States, 391 U.S. 123

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