Harris v. Spears

Oscar Harris, Jr. was convicted by a jury in Alabama of murder in the second degree and sentenced to forty-five years imprisonment. Without ruling on the merits of Harris' claims, the Alabama appellate court affirmed the conviction because Harris did not properly preserve error for review by objecting during trial or stating with adequate specificity the grounds for his motion for new trial. Harris v. State, 347 So.2d 1363 (Ala.Cr.App.), Cert. denied, 347 So.2d 1368 (Ala.1977). By petition for writ of federal habeas corpus Harris asserted that he had been prejudiced by improper cross-examination when he testified concerning a statement allegedly given by Harris' ten year old son to the police and that he was denied his constitutional right to confront this key witness. The cross-examination elicited from Harris repeated responses that what the prosecutor suggested was Harris' son's incriminating version of the events which occurred on the evening of the killing was a series of lies. The prosecutor did not call the son as a witness, nor did the prosecutor either produce or introduce any statement alleged to have been given the police by the son.