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Murder Conviction Nixed Over Redacted Cross-Exam Transcript

April 20, 2021, 2:39 PM

A defendant is entitled to federal relief from a Tennessee murder conviction because a state judge violated the confrontation clause when he redacted the cross-examination transcript of an unavailable witness during his second trial, the Sixth Circuit said.

The evidence to prove Dwight Miller killed Donald Rice consisted of an eye witness, Clement Harris, who said he saw the murder in the dark and recognized Miller’s voice. But Harris also had a history of using crack cocaine and a criminal record that included hiding evidence on the same road where Rice’s body was found. He also was an original suspect...

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