PEAK v. WEBB

No. 09-5977.

673 F.3d 465 (2012)

Michael Anthony PEAK, Petitioner-Appellant, v. Patti WEBB, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2012.


Attorney(s) appearing for the Case

ARGUED: Howard J.C. Nicols , Squire, Sanders & Dempsey (US) LLP, Cleveland, Ohio, for Appellant. Todd D. Ferguson , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Howard J.C. Nicols , Steven A. Delchin , Squire, Sanders & Dempsey (US) LLP, Cleveland, Ohio, for Appellant. Todd D. Ferguson , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. Michael Anthony Peak , Central City, Kentucky, pro se.

BOGGS, J., delivered the opinion of the court, in which MERRITT, J., joined, with MERRITT, J. (pp. 474-75), also delivering a separate concurring opinion. CLAY, J. (pp. 475-87), delivered a separate dissenting opinion.


OPINION

BOGGS, Circuit Judge.

Michael Peak, convicted of first-degree murder and sentenced to life in prison, petitioned the United States District Court for a writ of habeas corpus. He argued that his Confrontation Clause rights had been violated at trial when the government played a tape recording of his co-defendant's custodial statement without affirmatively calling the co-defendant as a witness, over Peak's objection. The court denied the petition,...

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