Scott v. Gundy

SUTTON, Circuit Judge.

Clarence Scott filed a petition for a writ of habeas corpus challenging his state-court first-degree murder conviction, for which he currently is serving a life sen*477tence. He alleges that the admission of his co-defendant’s confession, which implicated Scott in the murder, violated his rights under the Confrontation Clause. The district court agreed, holding that a constitutional violation occurred, that the error was not harmless under Brecht v. Abrahamson 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993), and that the writ should be granted conditionally. We affirm.

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