Richard A. Barker v. Paul Morris, Warden, California State Prison at Folsom

KENNEDY, Circuit Judge:

The case before us presents a question requiring the interpretation of the Confrontation Clause of the Sixth Amendment of the United States Constitution. The appeal is from a denial of habeas corpus relief in the district court, after California courts, rejecting direct and collateral attacks, affirmed Richard Barker’s convictions for murder in the first degree and for involuntary manslaughter. We conclude that admission at trial of sworn videotaped testimony by an eyewitness who died prior to trial did not violate the Confrontation Clause, because of the necessity for…