barber
page
argued
march
decided
april
petitioner
one
woods
jointly
charged
armed
robbery
preliminary
hearing
woods
waived
privilege
testified
incriminating
petitioner
petitioner
counsel
woods
petitioner
tried
oklahoma
seven
months
later
woods
federal
prison
texas
state
oklahoma
made
effort
obtain
woods
presence
trial
introduced
petitioner
objection
ground
deprivation
right
confronted
witnesses
transcript
woods
testimony
preliminary
hearing
basis
state
thus
unavailable
testify
petitioner
convicted
sought
federal
habeas
corpus
claiming
deprivation
right
confrontation
contention
rejected
district
appeals
affirmed
held
traditional
exception
confrontation
requirement
witness
unavailable
given
testimony
previous
judicial
proceedings
defendant
subject
defendant
witness
unavailable
purposes
exception
unless
prosecutorial
authorities
made
effort
obtain
presence
trial
pp
petitioner
failure
preliminary
hearing
constitute
waiver
right
confrontation
subsequent
trial
even
petitioner
witness
hearing
waived
right
confrontation
since
basically
trial
right
includes
opportunity
occasion
jury
weigh
demeanor
witness
ira
rothgerber
appointment
argued
cause
filed
briefs
petitioner
charles
owens
assistant
attorney
general
oklahoma
argued
cause
respondent
brief
blankenship
attorney
general
justice
marshall
delivered
opinion
question
presented
whether
petitioner
deprived
sixth
fourteenth
amendment
right
confronted
witnesses
trial
oklahoma
armed
robbery
principal
evidence
consisted
reading
transcript
preliminary
hearing
testimony
witness
time
trial
incarcerated
federal
prison
texas
petitioner
one
woods
jointly
charged
robbery
preliminary
hearing
represented
retained
counsel
mr
parks
course
hearing
woods
agreed
waive
privilege
parks
withdrew
woods
attorney
continued
represent
petitioner
thereupon
woods
proceeded
give
testimony
incriminated
petitioner
parks
woods
although
attorney
another
codefendant
time
petitioner
brought
trial
seven
months
later
woods
incarcerated
federal
penitentiary
texarkana
texas
miles
trial
oklahoma
state
proposed
introduce
petitioner
transcript
woods
testimony
preliminary
hearing
ground
woods
unavailable
testify
outside
jurisdiction
petitioner
objected
course
ground
deprive
right
confronted
witnesses
objection
overruled
transcript
admitted
read
jury
found
guilty
appeal
oklahoma
criminal
appeals
affirmed
conviction
barber
state
crim
app
petitioner
sought
federal
habeas
corpus
claiming
use
transcript
woods
testimony
state
trial
deprived
federal
constitutional
right
confrontation
violation
sixth
fourteenth
amendments
contention
rejected
district
appeal
appeals
tenth
circuit
one
judge
dissenting
affirmed
granted
certiorari
consider
petitioner
denial
confrontation
claim
reverse
many
years
ago
stated
primary
object
confrontation
clause
sixth
amendment
prevent
depositions
ex
parte
affidavits
used
prisoner
lieu
personal
examination
witness
accused
opportunity
testing
recollection
sifting
conscience
witness
compelling
stand
face
face
jury
order
may
look
judge
demeanor
upon
stand
manner
gives
testimony
whether
worthy
belief
mattox
recently
holding
sixth
amendment
right
confrontation
applicable
fourteenth
amendment
said
subjects
perhaps
upon
courts
nearly
unanimous
expressions
belief
right
confrontation
essential
fundamental
requirement
kind
fair
trial
country
constitutional
goal
pointer
texas
see
also
douglas
alabama
true
traditionally
exception
confrontation
requirement
witness
unavailable
given
testimony
previous
judicial
proceedings
defendant
subject
defendant
mattox
supra
witnesses
testified
original
trial
died
prior
second
trial
exception
explained
arising
necessity
justified
ground
right
initially
afforded
provides
substantial
compliance
purposes
behind
confrontation
requirement
see
wigmore
evidence
ed
mccormick
evidence
state
argues
introduction
transcript
within
exception
grounds
woods
outside
jurisdiction
therefore
unavailable
time
trial
right
afforded
petitioner
preliminary
hearing
although
utilized
purpose
decision
shall
assume
petitioner
made
valid
waiver
right
woods
preliminary
hearing
although
assumption
seems
open
considerable
question
circumstances
start
fact
state
made
absolutely
effort
obtain
presence
woods
trial
ascertain
federal
prison
outside
oklahoma
must
acknowledged
various
courts
commentators
heretofore
assumed
mere
absence
witness
jurisdiction
sufficient
ground
dispensing
confrontation
theory
impossible
compel
attendance
process
trial
force
without
jurisdiction
party
desiring
testimony
therefore
helpless
wigmore
evidence
ed
whatever
may
accuracy
theory
one
time
clear
present
time
increased
cooperation
federal
government
largely
deprived
continuing
validity
criminal
law
example
case
prospective
witness
currently
federal
custody
gives
federal
courts
power
issue
writs
habeas
corpus
ad
testificandum
request
state
prosecutorial
authorities
see
gilmore
cir
mcgaha
supp
addition
policy
bureau
prisons
permit
federal
prisoners
testify
state
criminal
proceedings
pursuant
writs
habeas
corpus
ad
testificandum
issued
state
courts
cf
lawrence
willingham
cir
habeas
corpus
ad
prosequendum
case
state
authorities
made
effort
avail
either
alternative
means
seeking
secure
woods
presence
petitioner
trial
appeals
majority
appears
reasoned
state
request
exercise
discretion
part
federal
authorities
obligation
make
request
yet
judge
aldrich
sitting
designation
pointed
dissent
possibility
refusal
equivalent
asking
receiving
rebuff
short
witness
unavailable
purpose
foregoing
exception
confrontation
requirement
unless
prosecutorial
authorities
made
effort
obtain
presence
trial
state
made
effort
far
record
reveals
sole
reason
woods
present
testify
person
state
attempt
seek
presence
right
confrontation
may
dispensed
lightly
state
argues
petitioner
waived
right
confront
woods
trial
preliminary
hearing
contention
untenable
petitioner
unaware
woods
federal
prison
time
trial
also
unaware
even
assuming
woods
incarceration
state
make
effort
produce
woods
trial
suggest
failure
circumstances
constitutes
waiver
right
confrontation
subsequent
trial
hardly
comports
definition
waiver
intentional
relinquishment
abandonment
known
right
privilege
johnson
zerbst
brookhart
janis
moreover
reach
result
facts
case
petitioner
counsel
actually
woods
preliminary
hearing
see
motes
right
confrontation
basically
trial
right
includes
opportunity
occasion
jury
weigh
demeanor
witness
preliminary
hearing
ordinarily
much
less
searching
exploration
merits
case
trial
simply
function
limited
one
determining
whether
probable
cause
exists
hold
accused
trial
may
justification
holding
opportunity
witness
preliminary
hearing
satisfies
demands
confrontation
clause
witness
shown
actually
unavailable
pointed
case
judgment
appeals
tenth
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
see
cases
collected
wigmore
evidence
mccormick
evidence
witnesses
prison
uniform
act
secure
attendance
witnesses
without
state
criminal
proceedings
provides
means
prosecuting
authorities
one
state
obtain
order
state
witness
found
directing
witness
appear
first
state
testify
state
seeking
appearance
must
pay
witness
specified
sum
travel
allowance
compensation
time
uniform
act
force
district
columbia
canal
zone
puerto
rico
virgin
islands
see
uniform
laws
ann
witnesses
prison
quite
probably
many
state
courts
utilize
writ
habeas
corpus
ad
testificandum
request
prosecutorial
authorities
sister
state
upon
showing
adequate
safeguards
keep
prisoner
custody
maintained
department
justice
marshals
manual
cf
brief
amicus
curiae
smith
hooey
october
term
habeas
corpus
ad
prosequendum
state
normally
honored
bureau
prisons
cf
holman
washington
cir
government
virgin
islands
aquino
cir
justice
harlan
concurring
agree
state
failure
attempt
obtain
presence
witness
denied
petitioner
due
process
therefore
concur
opinion
premises
opinion
pointer
texas