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BROWN v. EPPS

No. 11-60051.

686 F.3d 281 (2012)

Derrick BROWN, also known as Derrick Latory Brown, Petitioner-Appellee, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections; Attorney General of the State of Mississippi, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

June 27, 2012.

Attorney(s) appearing for the Case

Paul Alvin Chiniche, Chiniche Law Firm, P.L.L.C., Joshua Aaron Turner (argued), Oxford, MS, for Petitioner-Appellee.

Jerrolyn M. Owens (argued), Office of the Atty. Gen. for the State of Mississippi, Jackson, MS, for Respondents-Appellants.

Before HIGGINBOTHAM, GARZA and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge.

A government informant set up a controlled drug deal with two unidentified men. Their conversations were recorded and admitted into evidence at the petitioner's trial in state court. He was convicted. The Mississippi Supreme Court upheld the conviction, concluding that the conversations were not hearsay and did not violate the petitioner's rights under the Confrontation Clause. Subsequently, the petitioner successfully pursued...

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