Legal Opinion

Elem Ray Fulcher v. John Motley, Warden

Court of Appeals for the Sixth Circuit

Decided April 18, 2006No. 03-6216PublishedCited by 127 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Crawford v. WashingtonSupreme Court of the United States · 2004
  4. Bruton v. United StatesSupreme Court of the United States · 1968
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

43 more not listed; retrieve them via the Exa API.

3Cited by127 opinions

  1. Vasquez v. JonesCourt of Appeals for the Sixth Circuit · 2007
  2. Larry Stewart v. Tony TrierweilerCourt of Appeals for the Sixth Circuit · 2017
  3. Joseph P. Dyer III v. James Bowlen, WardenCourt of Appeals for the Sixth Circuit · 2006
  4. Meece v. CommonwealthKentucky Supreme Court · 2011
  5. United States v. Daryl LawrenceCourt of Appeals for the Sixth Circuit · 2013

122 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API