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PRESTON v. SUPERINTENDENT GRATERFORD SCI

No. 16-3095.

902 F.3d 365 (2018)

Damien PRESTON, Appellant v. SUPERINTENDENT GRATERFORD SCI; the Attorney General of the State of Pennsylvania

United States Court of Appeals, Third Circuit.

Opinion filed: September 5, 2018.

Attorney(s) appearing for the Case

Ariana J. Freeman, Esq. , Thomas C Gaeta, Esq. [ARGUED], Leigh M. Skipper, Esq. , Federal Community Defender Office for the Eastern District of Pennsylvania, 601 Walnut St., The Curtis Center, Suite 540 West, Philadelphia, PA 19106, Counsel for Appellant, Damien Preston.

Simran Dhillon, Esq. , Max C. Kaufman, Esq. [ARGUED], Nancy Winkelman, Esq. , Lawrence S. Krasner. Esq. , Carolyn Engel Temin, Esq. , Philadelphia County Office of District Attorney, 3 South Penn Square, Philadelphia, PA 19107, Counsel for Appellees, Graterford SCI and The Attorney General of the State of Pennsylvania.

Before: GREENAWAY, JR., RENDELL, and FUENTES, Circuit Judges.

OPINION

Damien Preston seeks habeas relief based on an alleged violation of his rights under the Confrontation Clause of the United States Constitution. We agree that the use of a witness's prior statements against Preston violated the Confrontation Clause because the witness, Leonard Presley, refused to answer...

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