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DESAI v. BOOKER

No. 07-1684.

538 F.3d 424 (2008)

Jasubhai K. DESAI, Petitioner-Appellee, v. Raymond BOOKER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Matthew F. Leitman, Miller, Canfield, Paddock & Stone, Troy, Michigan, for Appellee. ON BRIEF: Brad H. Beaver, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Matthew F. Leitman, Miller, Canfield, Paddock & Stone, Troy, Michigan, F. Martin Tieber, Law Office of F. Martin Tieber, Saginaw, Michigan, for Appellee.

Before: SUTTON and COOK, Circuit Judges; ROSE, District Judge.

OPINION

SUTTON, Circuit Judge.

A state-court jury convicted Jasubhai Desai of first-degree murder, and the trial court sentenced him to life imprisonment. In affirming his conviction, the Michigan court of appeals rejected Desai's claim that the admission of a hearsay statement of a co-defendant violated his rights under the Confrontation Clause of the Sixth (and Fourteenth) Amendment. In reviewing Desai's federal habeas application, the district court came...

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