Summary
finding no Confrontation Clause error to introduce evidence of officer's statement to defendant that defendant's potential alibi witness had failed to corroborate the defendant's alibi when questioned by the officer; the statements were not hearsay, but were offered to explain the context
Summary of this case from United States v. WhittleOpinion
CASE NO. 2:07-cv-269.
June 10, 2008
OPINION AND ORDER
On March 5, 2008, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. For the reasons that follow, petitioner's objections are OVERRULED.
Petitioner objects to all of the Magistrate Judge's recommendations. Petitioner again raises all of the same arguments he previously presented. He states that he did not intend to raise any claim that his convictions were against the manifest weight of the evidence, but only a claim that the evidence was constitutionally insufficient to sustain his convictions. Additionally, petitioner again argues that he is actually innocent of the charges against him, and contends that the evidence was constitutionally insufficient to sustain his convictions because the prosecution could not prove he had a gun.
Petitioner's arguments are not persuasive. The victim, David Koonts, testified that petitioner robbed him at gunpoint. Koonts, fearing he would be shot, complied with petitioner's demands. See Exhibit 5 to Return of Writ. Therefore, as discussed by the Magistrate Judge, when viewing all of the evidence in the light most favorable to the prosecution, the evidence was constitutionally sufficient to sustain petitioner's convictions. Jackson v. Virginia, 443 U.S. 307, 319 (1979). Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted de novo review of the Report and Recommendation. For the reasons detailed by the Magistrate Judge, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
IT IS SO ORDERED.