SCOTT

v.

ROCKVIEW STATE CORRECTIONAL INSTITUTION ET AL.

Citator

Cited By

• United States v. Ilario M.A. Zannino, 895 F.2d 1 (1st Cir. 1990)
  …y. See Barker v. Morris, 761 F. 2d 1396, 1402-03 (9th Cir.1985) (approving admission of testimony of deceased witness given at preliminary hearing and used at trial against defendant who was not represented at the preliminary hearing), cert. denied, 474 U.S. 1063, 106 S.Ct. 814, 88 L.Ed.2d 788 (1986). Thus, Smoot’s sworn statements at the Angiulos’ trial, as opposed to, say, grand jury testimony, offered a “particularized guarantee!)] of trustworthiness.” Roberts, 448 U.S. at 66, 100 S.Ct. at 2539. We rule…
• United States v. Laurence John Layton, 855 F.2d 1388 (9th Cir. 1988)
  …oss-examine witnesses is guaranteed by the confronta [*1405] tion clause. U.S. Const, art. VI, cl. 2. “[T]he clause is given a pragmatic rather than a rigid, literal construction.” Barker v. Morris, 761 F. 2d 1396, 1399 (9th Cir.1985), cert. denied, 474 U.S. 1063, 106 S.Ct. 814, 88 L.Ed.2d 788 (1986). Thus, the Supreme Court has held that the requirements of the confrontation clause are satisfied when the prosecution demonstrates “both the unavailability of the declarant and ... ‘indicia of reliability’ surr…
• United States v. Aikins, 923 F.2d 650 (9th Cir. 1990)
  …a magistrate and requests that it be done by the district court. Although the Ninth Circuit has held that it is not unconstitutional for the magistrate to conduct voir dire, e.g., United States v. Bezold, 760 F. 2d 999 (9th Cir.1985), cert. denied, 474 U.S. 1063, 106 S.Ct. 811, 88 L.Ed.2d 786 (1986), the Fifth Circuit has recently held to the contrary. United States v. Ford, 824 F. 2d 1430 (5th Cir.1987) (en banc), cert. denied, 484 U.S. 1034, 108 S.Ct. 741, 98 L.Ed.2d 776 (White, J., dissent [*654] ing). B…