Legal Opinion
Damien Preston v. Superintendent Graterford SCI
Court of Appeals for the Third Circuit
Decided September 5, 2018No. 16-3095PublishedCited by 114 opinions
1Opinion of the Court
RENDELL, Circuit Judge:
Damien Preston seeks habeas relief based on an alleged violation of his rights under the Confrontation Clause of the United States Constitution. We agree that the use of a witness's prior statements against Preston violated the Confrontation Clause because the witness, Leonard Presley, refused to answer any substantive questions on cross-examination. However, Preston's Confrontation Clause claim is procedurally defaulted.
Preston argues that ineffective assistance of trial counsel ("IATC"), namely, counsel's failure to raise a Confrontation Clause objection at trial,…
2Cases cited44 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Coleman v. ThompsonSupreme Court of the United States · 1991
39 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Jeffrey Workman v. Superintendent Albion SCICourt of Appeals for the Third Circuit · 2019
- Melvin Richardson v. Superintendent Coal Township SCourt of Appeals for the Third Circuit · 2018
- Tyrone Williams v. Superintendent Mahanoy SCICourt of Appeals for the Third Circuit · 2022
- Lawrence Gaines v. Superintendent Benner TownshipCourt of Appeals for the Third Circuit · 2022
- Jeffrey Marsalis v. Pennsylvania Department of CorCourt of Appeals for the Third Circuit · 2022
109 more not listed; retrieve them via the Exa API.