Roosevelt James v. Louie L. Wainwright

Eleventh Circuit

Roosevelt James v. Louie L. Wainwright

680 F.2d 102, 1982 U.S. App. LEXIS 17706

CourtCourt of Appeals for the Eleventh Circuit

DecidedJuly 6, 1982

Docket81-6017

StatusPublished

This text of 680 F.2d 102 (Roosevelt James v. Louie L. Wainwright) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roosevelt James v. Louie L. Wainwright, 680 F.2d 102, 1982 U.S. App. LEXIS 17706 (11th Cir. 1982).

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Opinion

PER CURIAM:

This is a Florida habeas case by a prisoner convicted of second degree murder. Denial of the writ is AFFIRMED.

Primary evidence against petitioner in his jury trial was a transcript, read to the jury by the court reporter, of an eyewitness’ testimony given nine months earlier at a preliminary hearing. The witness was sworn before testifying at the preliminary hearing and was subjected to cross-examination by petitioner’s attorney. The witness died after the preliminary hearing and before the trial. Use of this testimony under these circumstances was constitutionally permissible. Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980); California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970); Mattox v. U. S., 156 U.S. 237, 15 S.Ct. 337, 39 L.Ed.2d 409 (1895).

When the transcript of the eyewitness’ testimony was introduced the court instructed that the jury was to consider the testimony the same as though the witness were testifying before them in court. Defense counsel objected, and the judge then stated that he only meant to emphasize that *103 the deceased witness had been testifying under oath at the preliminary hearing. As explained by the court, the instruction was not erroneous.

AFFIRMED.

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PER CURIAM:

This is a Florida habeas case by a prisoner convicted of second degree murder. Denial of the writ is AFFIRMED.

Primary evidence against petitioner in his jury trial was a transcript, read to the jury by the court reporter, of an eyewitness’ testimony given nine months earlier at a preliminary hearing. The witness was sworn before testifying at the preliminary hearing and was subjected to cross-examination by petitioner’s attorney. The witness died after the preliminary hearing and before the trial. Use of this testimony under these circumstances was constitutionally permissible. Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980); California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970); Mattox v. U. S., 156 U.S. 237, 15 S.Ct. 337, 39 L.Ed.2d 409 (1895).

When the transcript of the eyewitness’ testimony was introduced the court instructed that the jury was to consider the testimony the same as though the witness were testifying before them in court. Defense counsel objected, and the judge then stated that he only meant to emphasize that *103 the deceased witness had been testifying under oath at the preliminary hearing. As explained by the court, the instruction was not erroneous.

AFFIRMED.

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Bluebook (online)

680 F.2d 102, 1982 U.S. App. LEXIS 17706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-james-v-louie-l-wainwright-ca11-1982.

Opinion

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