Bailey v. Pitcher

SUTTON, Circuit Judge.

A state-court jury convicted Robert Lee Bailey of second degree murder and possession of a firearm during the commission of a felony, each in violation of Michigan law. Bailey subsequently petitioned for a federal writ of habeas corpus, alleging that the state court violated his rights under the Confrontation Clause of the Sixth (and Fourteenth) Amendment by admitting an out-of-court statement made by his co-defendant without allowing him to cross-examine the individual. Because we agree with the district court that the state courts did not violate clearly-established…