Relief in Habeas Case Denied Despite Wrongful Admission of Accomplice Statements

Farrell v. Soares, 2007 WL 51938 (1/9/07)(unpub'd) - In a habeas case, admission of statements of accomplice violated pre-Crawford confrontation law because it was unreliable. The Colorado S.Ct., in contravention of Lilly v. Virginia, 527 U.S. 116 (1999), mistakenly relied on the voluntariness of the accomplice's statements, the absence of an offer of leniency and the presence of statements against the accomplice's own penal interests. The level of detail might be appropriate to consider. But, the evidence did not overcome the presumption of unreliability of an accomplice's statements. Nevertheless, the error was harmless.