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291 F. App'x 72

Miller v. Fleming

U.S. Courts of Appeals

Decided August 20, 2008

U.S. Courts of Appeals · decided 2008-08-20

Relies on Ohio v. Roberts · Idaho v. Wright · Lilly v. Virginia

Decided 2008-08-20

¶1ORDER *

¶2Gary M. Fleming appeals the order of the district court for the Western District of Washington granting Leon Eugene Mil*73ler’s petition for a writ of habeas corpus. The highest state court to review Miller’s appeal of a conviction of two counts of child molestation, Wash. Rev. Code § 9A.44.088(1), did not address Miller’s federal claim. Accordingly, we review it de novo. See Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir.2002).

¶3The district court properly found that the admission of three hearsay statements violated rules “articulated by the Supreme Court” in Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980), Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990), and Lilly v. Virginia, 527 U.S. 116, 119 S.Ct. 1887, 144 L.Ed.2d 117 (1999).

¶4The judgment of the district court is AFFIRMED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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