United States Eighth Circuit

State court's restriction of eyewitness's psychiatric records and of cross-examination regarding post-offense issues did not warrant habeas relief; determination of eyewitness's competency to testify was a state law question and petitioner did not show a violation of clearly established federal law. District court did not abuse its discretion in denying discovery due to the privileged status of psychiatric records.

Appellate Information

• Decided 01/09/2004
• Published 01/09/2004

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kent E. Gipson, argued, Kansas City, Missouri, for appellant.


• For Appellees:
  
• Frank A. Jung, argued, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.