Elem Ray Fulcher v. John Motley, Warden
Court of Appeals for the Sixth Circuit
1Opinion of the CourtCook, J., joined by Oliver, D. J.,
CLAY, J. (pp. 811 - 830), delivered a separate concurring opinion.
OPINION
COOK, Circuit Judge.
Elem Ray Fulcher, currently serving a life sentence for murder, burglary, and robbery, appeals the denial of his petition for a writ of habeas corpus. The evidence against Fulcher included statements from a police station interview with his then girlfriend, Patricia Sue Ash, taped soon after the crime. The couple later married; Ash invoked marital privilege under Kentucky law1 and was thus unavailable for cross-examination at Fulcher’s trial. Fulcher contends that the admission of Ash’s statements…
2Cases cited48 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Bruton v. United StatesSupreme Court of the United States · 1968
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
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3Cited by127 opinions
- Vasquez v. JonesCourt of Appeals for the Sixth Circuit · 2007
- Larry Stewart v. Tony TrierweilerCourt of Appeals for the Sixth Circuit · 2017
- Joseph P. Dyer III v. James Bowlen, WardenCourt of Appeals for the Sixth Circuit · 2006
- Meece v. CommonwealthKentucky Supreme Court · 2011
- United States v. Daryl LawrenceCourt of Appeals for the Sixth Circuit · 2013
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