Dist. Ct. erred in denying defendant’s habeas petition challenging his murder convictions on grounds that Indiana trial court improperly excluded videotaped interview of 9-year old girl, who provided some information supporting defendant’s claim that he could not have committed said murders. While state court, in applying state rule of evidence, excluded said evidence on hearsay grounds, where girl subsequently testified that she could not remember interview, and thus could not vouch for its accuracy, said interview should have been admitted under due process clause of 14th Amendment, as set forth in Chambers, 410 U.S. 284, where such evidence was essential to defendant’s defense, and circumstances surrounding generation of subject statement, which took place 4 days after instant murders, indicated that videotaped statement was reliable and trustworthy. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Evidence