Warner v. Ocampo

Issue: (1) Whether the Ninth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) when it concluded that testimony describing an interview, but not admitting an actual statement, violates the Confrontation Clause whenever the substance of an out-of-court testimonial statement is likely to be inferred by the jury; and (2) whether, when this Court has not clearly established whether the Confrontation Clause prohibits testimony describing a police interview without offering out-of-court statements, the Ninth Circuit violated 28 U.S.C. § 2254(d) by determining the state court adjudication of the confrontation claim was objectively unreasonable.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Michigan et al.
• Reply of petitioner