MARTY LEVINGSTON v. WARDEN, WARREN CORRECTIONAL INSTITUTION - Articles

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Posted by: Landry Butler on May 30, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ON BRIEF: Paul M. Laufman, LAUFMAN & NAPOLITANO, Cincinnati, Ohio, for Appellant. Mary Anne Reese, OFFICE OF THE OHIO ATTORNEY GENERAL, Cincinnati, Ohio, for Appellee.

Judge(s): SUTTON, McKEAGUE, and DONALD, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.

SUTTON, Circuit Judge. Someone murdered Michael Grace. An eyewitness identified Marty Levingston as the assailant, or at least one of them. And a jury convicted him. Levingston filed a habeas petition claiming that the trial court allowed the jury to use the eyewitness’s testimony in violation of the Confrontation Clause and the Due Process Clause. Because the Ohio courts permissibly rejected those claims, we affirm.