Crespin v. State of New Mexico

LUCERO, Circuit Judge.

This case requires us to revisit the appropriate standard to be applied under the federal Confrontation Clause when determining the admissibility of a non-testifying accomplice’s. confession. We conclude that an incorrect standard was applied.

Felix Crespin is a prisoner in New Mexico state custody,- convicted of armed robbery and related charges. He seeks habeas relief, contending that the admission at trial of the custodial confession of a non-testifying co-defendant violated his rights under the Confrontation Clause of the Sixth Amendment. The United States district…