Lave v. Dretke

EMILIO M. GARZA, Circuit Judge:

Joseph Lave appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254. He argues that his Sixth Amendment rights were violated under a retroactive application of the Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), which held that testimonial, out-of-court statements are inadmissible unless the witness is unavailable to testify and the defendant has had a prior opportunity to cross-examine the witness about the statement. Id. at 59, 124 S.Ct. 1354.

The facts of this case were detailed…