Hearsay Evidence

By: Derek Hawkins//August 17, 2016//

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7^th Circuit Court of Appeals

Case Name: Steven D. Lisle, Jr. v. Guy Pierce

Case No.: 14-3047

Officials: WOOD, Chief Judge, and EASTERBROOK and HAMILTON, Circuit Judges.

Focus: Hearsay Evidence

State court admittance of hearsay evidence did not violate 6^th amendment rights of appellant

“Because the state court’s rejection of Lisle’s Confrontation Clause claim was not contrary to or an unreasonable application of Supreme Court precedent in 2007, the district court correctly denied federal habeas relief. See 28 U.S.C. § 2254(d)(1). Hearn made his statement to someone other than a law-enforcement officer, while he was still waiting for an ambulance, bleeding from five through-and-through shots, just eighteen minutes after the shootings. Under an objective circumstances inquiry, it does not matter whether Lee or Hearn thought he was going to survive. The admitted hearsay was non-testimonial and its admission did not violate the Confrontation Clause. “

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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