182604P.pdf   08/26/2019  United States  v.  Ira Alan Arias
   U.S. Court of Appeals Case No:  18-2604
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Erickson, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal Case - Conviction. Following conviction for aggravated sexual 
   abuse of a child, defendant appeals from admission of prior sexual 
   misconduct and denial of motion for mistrial following testimony of prior 
   incarceration and victim?s post-assault diagnosis. The district court 
   did not abuse its discretion in admitting two witnesses aimed to establish 
   a pattern of behavior; defendant had opportunity to cross-examine 
   witnesses. Court did not abuse its discretion in denying mistrial for 
   reference to parole violation, as district court immediately struck 
   testimony and provided a curative instruction. Arias claims court?s 
   decision to allow victim to testify of diagnosis of PTSD after the alleged 
   assault and denial of request for medical records violated his 
   Confrontation Clause rights. Because the records were not produced it is 
   not possible to determine whether the failure to produce the records was 
   harmless; thus, the case is remanded for the limited purpose of conducting 
   an in camera review to evaluate whether the failure to access the mental 
   health records was harmless. Judge Colloton dissents.