DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041832P.pdf 02/17/2005 Clyde Phillip Cox v. Ken Burger
U.S. Court of Appeals Case No: 04-1832
Southern District of Iowa
Habeas Case - State Habeas. Admission of testimony from first trial
after witness was unavailable for second trial did not violate
confrontation clause, because declarant was unavailable and statement
was reliable. Change of trial strategy did not alter motive. District court
did not err in reviewing claim under deferential standard of AEDPA.
District court did not err in denying ineffective assistance claim or
denying an evidentiary hearing. Recantation claim was procedurally
barred, as it was not raised in appeal from denial of state postconviction
relief.[PUBLISHED] [Smith, Author, with Beam and Benton, Circuit
Judges]