A federal court erred in granting habeas corpus to a defendant where the state’s witness was unavailable, because under the Antiterrorism and Effective Death Penalty Act a federal court cannot overturn a state court’s decision that the state took reasonable steps to find a witness merely because the federal court identified additional steps that might have been taken.
U.S. Supreme Court. Harvey v. Cross, No. 11-74. Dec.12, 2011. Lawyers USA No. 993-3414.