Kittelson v. Dretke

Bruce Lee Kittelson appeals the district court’s denial of his application for a writ of habeas corpus. This court granted a certifícate of appealability (COA) as to three of the issues Kittelson raised. We now find that Kittelson has shown a basis for relief under 28 U.S.C. § 2254 because the state courts unreasonably applied clearly-established Supreme Court law governing the Sixth and Fourteenth Amendments. We reverse, render, and remand, for the reasons set out below.

I. Factual and Procedural Background

A state jury found Kittelson guilty of indecency with a child by contact. Two…