Matches in DBpedia 2014 for { ?s ?p The Court reversed the Seventh Circuit's setting aside of a state court criminal conviction for sexual assault, where the alleged victim had been declared an unavailable witness and her testimony from a previous mistrial was admitted. Because the state court's decision to admit the testimony was not an unreasonable application of the Court's Confrontation Clause jurisprudence, the Seventh Circuit's decision failed to give the state court the benefit of the doubt as required by the Antiterrorism and Effective Death Penalty Act. Though she had testified willingly and was cross-examined at the first trial, which was declared a mistrial, the witness subsequently claimed to fear for her safety and went into hiding, failing to appear for the second trial. The prosecution made numerous and repeated attempts to locate her through her family and friends, and the state trial court, characterizing such efforts as "superhuman," consequently granted its motion to have her declared unavailable and her testimony from the first trial admitted. The defendant was convicted of one of the charges and after losing an appeal in state court, filed a habeas corpus petition in federal court. The Seventh Circuit ruled that the prosecution had not made the requisite good faith effort to locate the witness, describing particular steps that had not been taken. The Court considered these efforts unlikely to have made a difference, and "the Sixth Amendment does not require the prosecution to exhaust every avenue of inquiry, no matter how unpromising.". }
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- 2011_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States summary "The Court reversed the Seventh Circuit's setting aside of a state court criminal conviction for sexual assault, where the alleged victim had been declared an unavailable witness and her testimony from a previous mistrial was admitted. Because the state court's decision to admit the testimony was not an unreasonable application of the Court's Confrontation Clause jurisprudence, the Seventh Circuit's decision failed to give the state court the benefit of the doubt as required by the Antiterrorism and Effective Death Penalty Act. Though she had testified willingly and was cross-examined at the first trial, which was declared a mistrial, the witness subsequently claimed to fear for her safety and went into hiding, failing to appear for the second trial. The prosecution made numerous and repeated attempts to locate her through her family and friends, and the state trial court, characterizing such efforts as "superhuman," consequently granted its motion to have her declared unavailable and her testimony from the first trial admitted. The defendant was convicted of one of the charges and after losing an appeal in state court, filed a habeas corpus petition in federal court. The Seventh Circuit ruled that the prosecution had not made the requisite good faith effort to locate the witness, describing particular steps that had not been taken. The Court considered these efforts unlikely to have made a difference, and "the Sixth Amendment does not require the prosecution to exhaust every avenue of inquiry, no matter how unpromising."".