Dennis Lufkins v. Walter Leapley, Warden of the South Dakota State Penitentiary Mark Barnett, Attorney General for the State of South Dakota

MAGILL, Circuit Judge.

The State of South Dakota appeals the district court’s grant of habeas corpus relief to Dennis Lufkins. The district court found that Lufkins’ 1980 trial counsel was ineffective in the cross-examination of three witnesses and, therefore, the admission of their statements against Lufkins in a later trial violated his Sixth Amendment right to confront witnesses. We agree that ineffective cross-examination may under certain circumstances preclude the admis*1479sion of testimony in a subsequent proceeding. But since we find that the admission of the three statements in this case…