Legal Opinion

Jose L. Martinez v. Gary McCaughtry

Court of Appeals for the Seventh Circuit

Decided December 17, 1991No. 90-3342PublishedCited by 25 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

Jose Martinez appeals the district court’s denial of his habeas corpus petition. 28 U.S.C. § 2254. He asserts that his confrontation clause rights were violated as the result of the erroneous admission of hearsay statements of his co-defendant. Because we find that the challenged statements were not hearsay, we affirm the district court.

I. BACKGROUND

At a joint trial a Wisconsin jury found Jose Martinez guilty of attempted murder and endangering safety with a dangerous weapon. 150 Wis.2d 62, 440 N.W.2d 783 (1989). Jose’s brother, John, was convicted of being a party to…

2Cases cited25 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. Pulley v. HarrisSupreme Court of the United States · 1984
  4. Lewis v. JeffersSupreme Court of the United States · 1990
  5. Dutton v. EvansSupreme Court of the United States · 1970

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3Cited by25 opinions

  1. United States v. Robert M. LevineCourt of Appeals for the Seventh Circuit · 1993
  2. United States v. Vetta LinwoodCourt of Appeals for the Seventh Circuit · 1998
  3. Paxton v. WardCourt of Appeals for the Tenth Circuit · 1999
  4. United States v. Vernon JoyCourt of Appeals for the Seventh Circuit · 1999
  5. David G. Stauffacher and John P. Stauffacher v. John A. Bennett and First Heritage Savings Credit UnionCourt of Appeals for the First Circuit · 1992

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