Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:12-cv-00724—Michael R. Merz, Magistrate Judge; Timothy S. Black, District Judge.
Decided and Filed: May 30, 2018
Before: SUTTON, McKEAGUE, and DONALD, Circuit Judges.
SUTTON, Circuit Judge. Someone murdered Michael Grace. An eyewitness identified
Marty Levingston as the assailant, or at least one of them. And a jury convicted him.
Levingston filed a habeas petition claiming that the trial court allowed the jury to use the
eyewitness’s testimony in violation of the Confrontation Clause and the Due Process Clause.
Because the Ohio courts permissibly rejected those claims, we affirm.