Miller v. Lindamood

Filing 47

ORDER DIRECTING PARTIES TO SUBMIT ADDITIONAL BRIEFING. Signed by Chief Judge S. Thomas Anderson on 3/19/19. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DWIGHT MILLER,
Petitioner,
v.
KEVIN GENOVESE,
Respondent.

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Case No. 1:15-cv-01281-STA-egb

ORDER DIRECTING PARTIES TO SUBMIT ADDITIONAL BRIEFING

Before the Court is Dwight Miller’s pro se habeas corpus petition (the “Petition”), filed
pursuant to 28 U.S.C. § 2254. (ECF No. 1.) In Claim 52 of the Petition, Miller asserts that the
state appellate court unreasonably determined that the admission of Katherine Blackwell’s prior
testimony at the second trial did not violate his constitutional right of confrontation. (ECF No. 1
at 28; ECF No. 1-3 at 58.) In his answer, Respondent argues that the claim is without merit. (ECF
No. 23 at 48.) Because neither party addressed the controlling test announced in Crawford v.
Washington, 541 U.S. 36 (2004), both parties shall submit additional briefing on Claim 52, not to
exceed four (4) pages. Petitioner’s supplemental brief is due no later than twenty-eight (28) days
from entry of this order, and Respondent’s supplemental brief shall be filed no later than twentyeight (28) days after Petitioner’s brief is received and docketed by the Clerk of Court.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: March 19, 2019

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