Foy v. Donnelly

FITZWATER, District Judge:

In this appeal from a judgment denying habeas relief, we determine whether the content of a non-testifying accomplice’s confession was disclosed to the jury to the extent necessary to violate petitioner’s Sixth Amendment Confrontation Clause rights. We also decide whether the evidence is sufficient to sustain a conviction for armed robbery and whether the state prosecutor engaged in misconduct to the degree necessary to warrant collateral relief.

I

Petitioner Kenneth Foy (“Foy”) and John Shelbia (“Shelbia”) were charged by bill of information in Louisiana state court…