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Danforth v. Crist

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Submitted: October 18, 2010

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

Stephen Danforth was convicted of first-degree criminal sexual conduct on March 16, 1996, and is currently serving a 316-month term of imprisonment. After several unsuccessful appeals and requests for post-conviction relief in the Minnesota courts, Danforth sought habeas relief in federal district court. The district court*fn1 denied Danforth’s petition for writ of habeas corpus. Danforth sought to appeal the denial of his petition and the district court granted a certificate of appealability solely on the issue of whether Crawford v. Washington, 541 U.S. 36 (2004) applies retroactively. We granted a motion by Danforth to expand the certificate of appealability to include additional issues regarding the trial court’s admission of a videotaped hearsay statement by the victim, who did not testify at trial. We affirm.

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