The court received a petition for rehearing en banc, stay of execution and issuance of a briefing schedule, and the petition was circulated not only to the original panel members but also to all other active judges of the court. Less than a majority of the judges having favored the suggestion, the petition was therefore referred to the original panel. The panel has further reviewed the petition for rehearing and other relief and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.

BOYCE F. MARTIN, JR., Circuit Judge. The State of Michigan appeals from the district court’s grant of a petition for a writ of habeas corpus. In 1989, Dennis Jensen pled no contest to a charge of fourth degree criminal sexual conduct. As part of his plea bargain, Jensen agreed to waive his right to confront the complainant, a thirteen-year-old girl. In 2001, Jensen was again charged with criminal sexual conduct, this time with an eleven-year-old girl. As part of its case, the prosecution called Lieutenant Ronald Wolter, the officer who interrogated the 1989 complainant, to testify about Jensen’s earlier conviction. At trial, Lieutenant Wolter provided detailed hearsay testimony regarding his conversation with the 1989 complainant. The State did not attempt to produce the 1989 complainant or any other witness to the 1989 event for cross-examination. A jury found Jensen guilty of fourth-degree sexual conduct in the 2001 case and sentenced him to concurrent prison terms of 5 to 20 years for the home invasion conviction and 38 months to 15 years for the criminal sexual conduct conviction.

After an unsuccessful direct appeal, Jensen petitioned the United States District Court for the Eastern District of Michigan for a writ of habeas corpus, alleging that the admission of Lieutenant Wolter’s 1989 testimonial evidence violated Jensen’s rights under the Confrontation Clause and that the violation was not harmless error. The district court held that admitting Lieutenant Wolter’s testimony violated the Confrontation Clause and that the error was not harmless. The court therefore granted Jensen’s request for habeas relief. The State now appeals, asking that we reverse the district court’s holding of harmless error.

The prosecutor referred to Lieutenant Wolter’s testimony multiple times throughout voir dire, his opening statement, the trial and his closing arguments, relying on details provided only in the erroneously admitted evidence to argue that Jensen had a common scheme or design to have sexual encounters with young girls. We therefore find that Lieutenant Wolter’s testimony had a “substantial and injurious effect or influence” on the jury’s verdict, under the Brecht v. Abrahamson, 507 U.S. 619, 637 (1993) test for harmless error and AFFIRM the district court’s judgment.

THOMAS W. PHILLIPS, District Judge. Petitioner was convicted in a jury trial of sexual penetration with an uninformed partner by a person infected with acquired immunodeficiency syndrome (AIDS), in violation of Mich. Comp. Laws § 333.5210, and sentenced to 120-180 months imprisonment. Petitioner appeals the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner contends that he received ineffective assistance of counsel when his counsel failed to challenge the seating of jurors whose voir dire responses showed them to be racially biased.

We conclude the district court correctly found that the state courts’ decisions reasonably comport with clearly established federal law. For the following reasons, we AFFIRM the decision of the district court and DENY the Writ.