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Washington v. Griffin

Decision That OCME Records About DNA Testing Were Properly Admitted Was Not Unreasonable

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*1Petitioner-Appellant, convicted in New York State of multiple counts of first- and second-degree burglary and first- and second-degree assault, as well as first-degree criminal sexual act and first-degree sexual abuse, contends that his Confrontation Clause rights were violated when records of the Office of the Chief Medical Examiner of the City of New York regarding the DNA testing of his cheek swab were admitted at trial. He asserts that the United States District Court for the Eastern District of New York erred in denying his petition for a writ of habeas corpus on this basis, arguing that the state court’s rejection of his Confrontation Clause claim was contrary to, or involved an unreasonable*2

application of, clearly established law. We agree with the district court that the Supreme Court cases on which Petitioner-Appellant relies neither clearly establish his entitlement to cross-examine the analysts who prepared the informal, unsworn documents in the case file introduced as evidence at his trial, nor provide a basis for concluding that the state court judgment was contrary to, or involved an unreasonable application of, clearly established law. Accordingly, the judgment of the district court is AFFIRMED.Chief Judge KATZMANN concurs in a separate opinion.DEBRA ANN LIVINGSTON, C.J.Petitioner-Appellant Kenneth Washington (“Washington”) appeals from a judgment of the United States District Court for the Eastern District of New York (Block, J.), entered on November 5, 2015, denying his petition for a writ of habeas corpus. Washington was convicted in New York of multiple counts of first- and second-degree burglary and first- and second-degree assault, as well as

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