Givhan v. Kemper

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN DAVID GIVHAN, Petitioner, v. Case No. 16-C-315 PAUL KEMPER, Respondent. ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION The petitioner, David Givhan, moves for reconsideration of this court’s denial of his habeas corpus petition.1 The motion will be denied. In his petition, Givhan alleged that evidence found during a “trash pull” amounted to testimonial hearsay that violated the Confrontation Clause; he further argued that the failure of the prosecution to preserve evidence relating to the recovered garbage bags amounted to a…