Blackston v. Rapelje

Miller disappeared in 1988. In 1999 interviews of Miller’s associates, Lamp admitted involvement in the disappearance and led police to Miller’s remains, buried in woods near Lamp’s property. Lamp stated that he and Blackston had killed Miller with the help of Simpson. The state charged Blackston with first-degree murder. In exchange for his testimony, the state granted Simpson immunity from prosecution and permitted Lamp to plead guilty to manslaughter. No physical evidence connected Blackston to Miller’s death. The state’s case depended on testimony by Lamp and Simpson and three women friends. Lamp and Simpson described the crime. The defense noted their favorable deals and inconsistencies in their stories. The jury convicted Blackston but the judge reversed because he had misinformed the jury regarding the extent of Simpson’s immunity. Before the second trial, Zantello and Simpson prepared written statements, recanting their testimony. At trial, the judge tired of their erratic behavior, deemed Simpson and Zantello to be “unavailable” and ordered their testimony from the first trial read to the jury. The judge did not allow the recantations to be read to the jury. The testimony of all remaining witnesses was consistent with testimony at the first trial. The second jury convicted Blackston. The Michigan Supreme Court twice reversed the appeals court, finding that it was not error to exclude the recantations or that other evidence rendered any error harmless. A federal district court granted a conditional habeas writ, finding that Blackston’s rights of confrontation and due process were violated. The Sixth Circuit affirmed, finding that the state unreasonably abridged Blackston’s clearly established federal constitutional right. View "Blackston v. Rapelje" on Justia Law