Jensen v. Clements

Dist. Ct. did not err in granting defendant’s habeas petition challenging his murder conviction on ground that trial court improperly admitted letter of victim (defendant’s wife) that was written two weeks prior to her death indicating that she would never take her life, and that defendant should be considered suspect if anything should happen to her. Such admission was error under Giles, 554 US 353, because it violated defendant’s right to confrontation, and said admission did not qualify for any “forfeiture by wrongdoing” exception to Confrontation Clause. Moreover, although Wisconsin appellate court properly found that said admission was error, it improperly found that any error was harmless, since said admission had substantial and injurious influence on jury’s verdict where said admission was important piece of state’s case against defendant, and where record contained evidence supporting defendant’s claim that his wife had committed suicide. Fact that record contained sufficient evidence to convict defendant on murder charge did not require different result. (Dissent filed.)