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U.S. v. YATES

No. 02-13654.

438 F.3d 1307 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Anita YATES, Anton F. Pusztai, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 13, 2006.

Attorney(s) appearing for the Case

Sam Heldman, Gardner, Middlebrooks, Gibbons & Kittrell, Washington, DC, Timothy C. Halstrom (Court-Appointed), Montgomery, AL, Ronald W. Wise, Richard F. Matthews, Jr., The Law Office of Ronald W. Wise, Montgomery, AL, for Defendants-Appellants.

Michael A. Rotker, Crim. Div., Linda I. Marks, Office of Consumer Lit., U.S. Dept. of Justice, Washington, DC, Tommie Brown Hardwick, Montgomery, AL, for U.S.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and COX, Circuit Judges.

COX, Circuit Judge:

The court took this case en banc to consider whether witness testimony presented on a television monitor at a criminal trial in Montgomery, Alabama, by live, two-way video conference with witnesses in Australia, violated the Defendants' Sixth Amendment right to confront the witnesses against them. Holding that it did, we vacate the convictions and remand for a new trial.

I. BACKGROUND & PROCEDURAL HISTORY

Anton Pusztai and...

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