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09-2560 Stock v. Rednour

By: dmc-admin//September 3, 2010//

09-2560 Stock v. Rednour

By: dmc-admin//September 3, 2010//

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Habeas Corpus
Confrontation Clause

Where reasonable minds could differ whether to admit impeachment evidence in a state court trial, the district court properly denied the prisoner’s petition for habeas corpus.

“The trial court in Stock’s case was aware of the fine lines that it was asked to draw. The court endeavored to balance Stock’s ability to challenge Najera’s testimony against the basic evidentiary principle that self-serving, out-of-court statements are inadmissible for the purpose of exculpating the declarant. See, e.g., United States v. Haddad, 10 F.3d 1252, 1258 (7th Cir. 1993) (“Ordinarily a defendant’s self-serving, exculpatory, out of court statements would not be admissible.”). The trial court initially excluded Stock’s statements as inadmissible hearsay. In response to the motion for clarification, the defense asked the court to admit Stock’s statement, “Tell anybody what?” for the purpose of impeaching Najera’s claim that he confronted Stock with the confession during the recorded phone call. Defense counsel urged that this was a permissible use, and that the exchange was not being offered for the truth of the matter asserted, see FED. R. EVID. 801(c). But the trial court worried that the jury would take this statement as Stock’s denial of his guilt, and the court concluded that it could not countenance the prejudice that would come along with admitting the evidence. The Illinois appellate court affirmed this conclusion, relying on People v. Hotsy, 497 N.E.2d 334 (Ill. App. Ct. 1986). Despite these limitations, Stock was permitted to cross-examine Najera extensively, including on issues of potential bias and on his failure directly to confront Stock with his purported confession during the recorded conversation. It may be troubling that Stock was barred from providing the jury with the context surrounding Najera’s statements and omissions. But it was up to the trial court to draw the line, and we are not prepared to say that its actions lacked support.”

Affirmed.

09-2560 Stock v. Rednour

Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Wood, J.

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