Grant of habeas relief from a conviction for criminal sexual conduct with an 11 year old girl is affirmed as: 1) there was no serious dispute that a violation of the Confrontation Clause occurred via an officer's testimony regarding a prior complainant; and 2) the officer's testimony had a substantial and injurious effect or influence on the jury's verdict under the Brecht v. Abrahamson test for harmless error.
Argued: October 7, 2009
Decided and Filed: December 9, 2009
Opinion by Circuit Judge Martin
For Appellant: Janet A. Van Cleve, Office of the Michigan Attorney General
For Appellee: Todd Shanker, Federal Defender Office