Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Cross v. Hardy, 09-1666

By FindLaw Staff on January 13, 2011 | Last updated on March 21, 2019
Habeas relief granted to defendant convicted of sexual assault

Cross v. Hardy, 09-1666, concerned a defendant's petition for habeas relief from his conviction for sexual assault on retrial, challenging the trial court's finding that the complainant was unavailable and thus permitted the admission of her testimony from the first trial during the second trial.

In granting the petition, the court reversed the conviction and remanded the matter in concluding that, under the circumstances of this case, where the complainant's testimony was critical and the state neglected to subpoena her despite knowing that she was extremely reluctant to testify, the state did not sufficiently demonstrate that it acted in good faith.  The court also held that the state's duplicative efforts and its failure to more thoroughly investigate were also insufficient to protect defendant's Sixth Amendment rights.

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard