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FRATTA v. QUARTERMAN

No. 07-70040.

536 F.3d 485 (2008)

Robert Alan FRATTA, Petitioner-Appellee-Cross-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 2008.

Attorney(s) appearing for the Case

James Gregory Rytting (argued), Hilder & Associates, Houston, TX, for Robert Alan Fratta.

Tina J. Miranda (argued), Postconviction Litigation Div., Austin, TX, for Nathaniel Quarterman.

Before KING, DAVIS and CLEMENT, Circuit Judges.

KING, Circuit Judge:

In this petition for writ of habeas corpus, the district court conditionally granted relief to petitioner Robert Alan Fratta, a Texas death-row inmate. Fratta was convicted of capital murder and sentenced to death in Texas state court for arranging the murder-for-hire of his wife. The district court determined that Fratta's Confrontation Clause rights were violated by the admission into evidence at trial of certain out-of-court statements made...

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