CARTER v. SOWDERS

No. 91-6419.

5 F.3d 975 (1993)

Claude Earn CARTER, Petitioner-Appellant, v. Dewey SOWDERS, Warden, Northpoint Training Center, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 27, 1993.

Order Denying Rehearing December 16, 1993.


Attorney(s) appearing for the Case

Julie Namkin (argued and briefed), Dept. of Public Advocacy, Frankfort, KY, for petitioner-appellant.

Carol C. Ullerich, Asst. Atty. Gen. (argued and briefed), Chris Gorman, Atty. Gen., Frankfort, KY, for respondent-appellee.

Before: MERRITT, Chief Judge; and KEITH and SUHRHEINRICH, Circuit Judges.


MERRITT, Chief Judge.

Claude Earn Carter appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of possession of marijuana and trafficking in LSD. Central to his conviction was the testimony of Charles Elam, Jr., a paid police informant. Elam's video deposition was taken in the absence of both petitioner and his counsel, and the deposition was later admitted, over petitioner's objection, at trial...

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