United States Seventh Circuit

In habeas proceedings involving claims that a state trial court violated petitioner's constitutional rights in its denial of his requests for access to the complainant's treatment records and for an independent psychological examination of the complainant, denial of habeas relief is affirmed where: 1) the state court's decision to deny access to the treatment records was reasonable since the court met due process requirements by conducting an in camera review of potentially exculpatory evidence; 2) petitioner failed to identify Supreme Court precedent supporting his claim that he was entitled to access the records simply to aid in cross-examination; 3) he did not show a compelling need for an independent psychological examination of the complainant; and 4) his own expert admitted on cross-examination that he did not need to personally examine complainant.

Appellate Information

• Argued 04/10/2008
• Decided 06/09/2008
• Published 06/09/2008

Judges

• EVANS, Circuit Judge., Before FLAUM, KANNE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Terry W. Rose (argued), Rose & Rose, Kenosha, WI, for Petitioner-Appellant.


• For Appellees:
  
• Marguerite M. Moeller (argued), J.B. Van Hollen, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.