Barber v. Page

Barber and Woods were jointly tried for armed robbery and shared counsel, Parks, until Woods waived self-incrimination to testify at the preliminary hearing, incriminating Barber; Parks (now representing only Barber) did not cross-examine Woods. At Barber's trial seven months later, Oklahoma (plaintiff) introduced Woods's preliminary-hearing transcript, claiming Woods was unavailable because he was in federal prison in Texas — but the state made no effort to actually secure Woods's testimony at trial, even though federal law allowed courts to issue a writ to produce federal prisoners as witnesses. Barber was convicted and, after unsuccessful state appeals, sought federal habeas relief.