Hurt v. Cupp

This is an appeal by the defendant-warden in a suit for post-conviction relief. After a hearing the post-conviction court vacated petitioner’s conviction for sodomy and for contributing to the delinquency of a minor, and ordered petitioner remanded for a new trial on the sodomy charge. The appeal does not challenge the vacation of the conviction for contributing to the delinquency of a minor.

The question presented here is whether a defendant in a criminal ease is denied his constitutional right to confrontation when the court, trying the case without a jury, intentionally views, without the…