Herbert J. Turner v. Walter E. Craven, Warden

Turner is a California state prisoner. He was convicted by a California state jury of felonious assault, robbery and burglary. The district court denied Turner’s petition for a writ of habeas corpus, and Turner appeals.

The victim of Turner’s crime was an elderly woman. She testified at the preliminary hearing and was subject to cross-examination. By the time of trial, however, her doctor testified and the court found that her mental and physical state made her unavailable as a witness. The transcript of her testimony at the preliminary hearing was introduced to fill the gap of her absence.

We…