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Ernest Likely v. Paul Ruane, Superintendent, Pondville Correctional Center

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Before Lynch, Chief Judge, Lipez, Circuit Judge, and Woodcock, *fn1 District Judge.

Supreme Court decisions foreclose this habeas corpus petition brought under 28 U.S.C. § 2254, which was correctly denied by the district court.

Petitioner, Ernest Likely, was convicted on May 17, 2002 in Massachusetts of distributing a controlled substance–cocaine–in violation of Mass. Gen. Laws ch. 94C, § 32A(c). On appeal, he argued it was error to admit evidence that the substance was cocaine on the ground that the admission at trial of the chemical certificate of analysis with an affidavit but without the testimony of the chemist violated his Confrontation Clause rights under the Sixth Amendment. He relied on the 2004 Supreme Court decision in Crawford v. Washington, 541 U.S. 36 (2004), which had been issued while his appeal was pending.

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