Calvin Bailey v. Betty Mitchell, Warden

OPINION

BERTELSMAN, District Judge.

In this appeal, Calvin Bailey seeks reversal of the district court’s .denial of his petition for a writ of habeas corpus. Bailey contends that he was deprived of his rights under the Confrontation Clause 1 when the trial court permitted use of videotaped depositions at trial without first finding the witnesses unavailable. Because we find Bailey admitted in court to the unavailability of the witnesses and had previously stipulated that the depositions could be read at trial, we affirm the decision of the trial court.

PROCEDURAL AND FACTUAL BACKGROUND

On October…