DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
023972P.pdf 01/09/2004 Harold Newton v. Mike Kemna
U.S. Court of Appeals Case No: 02-3972
Eastern District of Missouri
Habeas Case - confrontation clause. District court properly determined
that state court's restriction of eye witness's psychiatric records and of
cross-examination regarding post-offense issues did not warrant habeas
relief because state court's adjudication of confrontation clause claim was
neither contrary to, nor involve an unreasonable application of, clearly
established Supreme Court precedent. Determination of eye witness'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
the documents (psychotherapist-patient privilege) or in failing to conduct
an in camera review of the records. (PUBLISHED)