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WHELCHEL v. WASHINGTON

Nos. 98-35052, 98-35132.

232 F.3d 1197 (2000)

Stephen WHELCHEL, Petitioner-Appellee, v. State of WASHINGTON, Respondent-Appellant. Tana Wood, Plaintiff-Appellee-Cross-Appellant, v. Stephen C. Whelchel, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2000.

Attorney(s) appearing for the Case

John J. Samson (argued), Thomas J. Young, Erin Marie Moore, Office of the Attorney General, Olympia, Washington, for the defendant-appellant/cross-appellee.

Nancy D. Tenney (argued), Federal Defenders of Eastern Washington and Idaho, Spokane, Washington, for the plaintiff-appellee/cross-appellant.

Before: Mary M. SCHROEDER, Robert R. BEEZER, and Michael Daly HAWKINS, Circuit Judges.

Argued and Submitted September 11, 2000 — Seattle, Washington

MICHAEL DALY HAWKINS, Circuit Judge:

The State of Washington ("Washington") appeals the district court's grant of habeas corpus relief to Stephen Whelchel ("Whelchel") who was convicted in state court of first-degree murder. Whelchel claims that several constitutional errors made during his trial mandate relief: (1) the violation of his Confrontation Clause rights by the admission of tape...

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