First Circuit: Barbosa v. Mitchell

FRE

Habeas denied for Confrontation Clause challenge to the admission of expert testimony that incorporated research not subject to challenge.

Court declines to assess procedural default against petitioner for lack of contemporaneous objection that resulted in review standard of miscarriage of justice.

Admission of underlying research results themselves ruled harmless error, as the expert testimony referencing it was introduced.

http://media.ca1.uscourts.gov/pdf.opinions/14-1926P-01A.pdf