Habeas relief granted to defendant convicted of sexual assault
Cross v. Hardy, 09-1666, concerned a defendant's petition for habeas relief from his conviction for sexual assault on retrial, challenging the trial court's finding that the complainant was unavailable and thus permitted the admission of her testimony from the first trial during the second trial.
In granting the petition, the court reversed the conviction and remanded
the matter in concluding that, under the circumstances of this case,
where the complainant's testimony was critical and the state neglected
to subpoena her despite knowing that she was extremely reluctant to
testify, the state did not sufficiently demonstrate that it acted in
good faith. The court also held that the state's duplicative efforts
and its failure to more thoroughly investigate were also insufficient to
protect defendant's Sixth Amendment rights.