Gettings v. McKune
88 F.Supp.2d 1205
D.Kan.,2000.
Following affirmance of convictions for burglary and
aggravated arson, 244 Kan. 236, 769 P.2d 25, petition for writ of habeas corpus
was filed. The District Court, Saffels, Senior District Judge, held that: (1)
witness's statement to police was sufficiently reliable to pass constitutional
scrutiny, for purposes of admitting statement in petitioner's trial following
witness's death; (2) prosecution's failure to disclose to defense certain
statements made by defendant's son did not constitute Brady violation;
(3) petitioner failed to establish cause excusing procedural default; (4) trial
court's alleged errors in admitting certain out-of-court statements were
harmless; and (5) petitioner was not denied his rights under confrontation
clause.
Petition denied.