Andrew Owens v. Frank A. Eyman, Warden

Owens is an Arizona state prisoner. He appeals from an order denying his application for habeas corpus relief.

After his first state court trial resulted in jury disagreement and a mistrial, Owens was again tried for the charged offense, robbery, and, this time, convicted. At the second trial the state introduced, over objection, the reporter’s transcript of the testimony of a witness who had testified for the prosecution during the first trial. Owens contends that this violated his Sixth and Fourteenth Amendment rights of confrontation and cross-examination.

When an unavailable witness has…