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MARTINEZ v. McCAUGHTRY

No. 90-3342.

951 F.2d 130 (1991)

Jose L. MARTINEZ, Petitioner-Appellant, v. Gary McCAUGHTRY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1991.

Attorney(s) appearing for the Case

William J. Tyroler, Office of State Public Defender, Madison, Wis. (argued), for petitioner-appellant.

Marguerite M. Moeller, Asst. Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis. (argued), for respondent-appellee.

Before CUMMINGS, WOOD, Jr., and CUDAHY, Circuit Judges.

CUMMINGS, Circuit Judge.

Jose Martinez appeals the district court's denial of his habeas corpus petition. 28 U.S.C. § 2254. He asserts that his confrontation clause rights were violated as the result of the erroneous admission of hearsay statements of his co-defendant. Because we find that the challenged statements were not hearsay, we affirm the district court.

I. BACKGROUND

At a joint trial a Wisconsin jury found Jose Martinez guilty of attempted...

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