073058P.pdf   08/08/2008  Stacey Johnson  v.  Larry Norris
   U.S. Court of Appeals Case No:  07-3058
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Colloton, Author, with Loken, Chief Judge, and Bye,
   Circuit Judge]
   Prisoner case - habeas. Given the absence of Supreme Court guidance
   on the issue of whether the right to confront a witness should trump the
   state's psychotherapist-patient privilege, the decisions of the Arkansas
   courts to enforce the privilege and prevent Johnson from obtaining the
   treatment notes of his victim's minor daughter were within the range of
   reasonableness allowed by the Antiterrorism and Effective Death Penalty
   Act; nor did the Arkansas courts err in denying a related Brady argument;
   Arkansas courts did not err in finding counsel acted within the wide range
   of professionally competent assistance when he advised Johnson not to
   testify at a pretrial hearing; counsel's failure to raise a constitutional
   challenge to the trial court's refusal, on a state law ground, to allow one
   of his witnesses to testify was not ineffective assistance of counsel as
   there was no basis for a constitutional challenge to the decision; Arkansas
   courts did not err in rejecting Johnson's vagueness argument with respect
   to the aggravating circumstance that the murder was committed in an
   "especially cruel manner;" Arkansas courts did not err in finding
   admission of victim impact testimony did not violate Johnson's
   constitutional rights; Arkansas courts correctly applied established federal
   precedent in determining a change of venue did not deprive Johnson of
   his constitutional right to trial by a fair cross-section of the community.