ELBERT EARL WILLIAMS, APPELLANT,
v.
LOUIS S. NELSON, WARDEN, APPELLEE

9th Cir. | 1971-01-04
No. 25550
435 F.2d 1293 United States Court of Appeals for the Ninth Circuit (1971)
Cited by 2 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

The order of the district court denying habeas corpus relief is affirmed.

At the petitioner’s first state trial, a witness testified against him and apparently was competently and thoroughly cross examined. At his second state trial, the same witness claimed and received the protection of the Fifth Amendment when she refused to testify. So the state put in the record her testimony at the first trial.

Under the circumstances here, the right of confrontation at the first trial’ was sufficient. See United States v. Mobley, 5 Cir., 421 F. 2d 345, and Jones v. California, 9 Cir., 364 F. 2d 522.

Other points, which we do not list, we find without merit.


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