01-3840 Davis v. Litscher

Listen to this article

“Despite the various factors he offered to the Wisconsin courts, Davis failed to satisfy the requisite showing of materiality to warrant an in camera review. First, Davis only argued to the state court that Vance was depressed, not delusional, and nothing in the record indicates that her depression would cause her to misperceive reality. In addition, his assertions regarding her use of stimulants are without merit because nothing in her mental health records would indicate how much cocaine or crack she actually consumed that night. Similarly, the records would not shed any light on whether she took the proper medication for her thyroid and depression problems. Moreover, Davis’ request is not more directed than that in Ritchie because in that case, the files were compiled by the agency for the purpose of investigating the actual charges against the defendant. In the instant case, Davis made no showing that the requested records related in any way to the actual charged offense. The Wisconsin appellate court correctly stated that ‘the records were neither relevant nor helpful to a fair determination on the charges.’ Consequently, Davis failed to establish a ‘reasonable probability’ that had there been an in camera review of the records, the result of the proceedings would have been different.

“It is also worth noting that the prosecution presented overwhelming evidence at both the preliminary hearing and at trial that this was by no means consensual intercourse. Several witnesses corroborated Vance’s story that Davis beat and sexually assaulted her. Davis’ roommate testified that he heard Vance calling for help numerous times when Davis and Vance were alone in the living room of the apartment. Davis’ neighbor also testified that he heard calls for help over a four hour period of time.

Photographs revealed that Vance actually sustained injuries and a medical exam of Vance after the assault showed that she was battered and bruised, and had an abrasion on her vagina. This was not consensual contact. While Vance may have been using drugs on that evening, the totality of the evidence defeats any argument that Vance’s version of the events is distorted.

“We agree with the district court that Davis makes a strong argument for concluding that the state courts erred in their application of Ritchie. In our judgment, it may have been more prudent to grant Davis’ motion for a review of the records. However, so long as the state court did not act unreasonably, we are not permitted to substitute our independent judgment as to the correct outcome. Smith, 219 F.3d at 628. Davis’ offer of proof did not establish a ‘plausible showing’ that the records would be material and helpful to the defense. Although the Wisconsin courts did not couch its analysis in terms of a ‘plausibility’ standard, this was the standard actually applied, and accordingly, their application of Ritchie was not unreasonable. As a result, we are required to deny Davis’ petition for writ of habeas corpus.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Bauer, J.