# Sharee Miller v. Clarice Stovall

> Court of Appeals for the Sixth Circuit · February 11, 2014 · 742 F.3d 642

URL: https://www.frixlaw.com/law-library/cases/9798768

## Case

- **Full name:** Sharee MILLER, Petitioner-Appellant, v. Clarice STOVALL, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** February 11, 2014
- **Citations:** 742 F.3d 642; 2014 U.S. App. LEXIS 2514; 2014 WL 519627
- **Precedential status:** Published
- **Opinion:** Concurrence by Moore
- **Judges:** Boggs, Moore, Kethledge
- **Cited by:** 244 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9798768

## Opinion text

KAREN NELSON MOORE, Circuit Judge,
concurring in the judgment.
I agree that habeas relief is unwarranted at this time. In light of Greene v. Fisher, — U.S. -, 132 S.Ct. 38, 43 , 181 L.Ed.2d 336 (2011), I agree with the majority opinion that the “clearly established federal law” applicable in this case is the law under Ohio v. Roberts, 448 U.S. 56, 66 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980), which permits the admission of hearsay evidence when the declarant is unavailable for cross-examination only if the evidence bears “adequate ‘indicia of reliability.’ ” I cannot say that the admission of Cassaday’s suicide note was contrary to or an unreasonable application of the relevant federal law. See 28 U.S.C. § 2254 (d). Therefore, I join in the judgment affirming the judgment of the district court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9798768. Public record. Not legal advice.