Denial of defendant's petition for habeas relief from a conviction of rape of a child under thirteen years of age and related crimes is reversed and a conditional writ as to the indictment charging defendant with gross sexual imposition against a minor victim is granted as the admission of a videotape deposition without a proper finding that the witness was constitutionally unavailable violated defendant's clearly established right to confrontation under the Sixth Amendment. However, district court's judgment as to the remainder of the petition is affirmed as defendant is not entitled to relief on the remainder of his claims.
Argued: June 16, 2009
Decided and Filed: December 18, 2009
Opinion by Circuit Judge Gibbons
For Appellant: Molly S. Crabtree, Porter Wright Morris & Arthur LLP
For Appellee: Gene D. Park, Office of the Ohio Attorney General