Uneventful summary order from the Second Circuit today. As promised, I have uploaded the pdf so that it can be downloaded. I'll make a couple quick notes about the case below.
McBee v. Burge, 09-3679-pr
- Affirming Denial of Habeas
- Argument Date: 7/15/10
- Summary Order; Download Decision
- Panel: Jacobs, Parker, Hall
- Lower Court Info: 05-CV-4752, 2009 WL 2196768 (EDNY July 24, 2009) (DLI) (LB)
- In Circuit: District Court COA
- Issues: Harmless error as to Confrontation Clause violation
NOTES: This case was argued back in July. Seems like an awfully long time for a pretty straightforward, three-page summary order. Wonder why it took so long.
Also, it should be noted that the DJ, MJ and state court all concluded that there was a Confrontation Clause violation. However, in kind of an annoying "kick-'em-when-they're-down-moment," the Second Circuit only "assume[s] without deciding" that there was a constitutional violation.