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Habeas Corpus — Confrontation Clause — mental health records

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2012//

Habeas Corpus — Confrontation Clause — mental health records

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus — Confrontation Clause — mental health records

It did not deny a defendant’s Sixth Amendment rights for the trial court not to review the victim’s mental health records in camera.

“Here, Dietrich sought B.T.’s counseling records in the hopes of finding evidence that would allow him to more effectively rebut B.T.’s therapist’s conclusion that the sexual assaults were the cause of B.T.’s psychological problems. Dietrich argues that had he been able to see B.T.’s counseling records, he believed those records would show that B.T. herself had attributed her suicide attempt to troubles she was having with her school friends, rather than Dietrich’s sexual assault. Nonetheless, Dietrich had already offered this evidence to the court through a report by the St. Francis Police Department that stated that B.T. told the officers that she attempted suicide because her friends at school were being mean to her and accused her of making a bomb threat. Therefore, the trial court rightly concluded that no in camera review of B.T.’s counseling records was necessary because even if the files contained the exact information Dietrich speculated existed, that information was first and foremost immaterial and cumulative at best.”

Affirmed.

12-1672 Dietrich v. Smith

Appeal from the United States District Court for the Eastern District of Wisconsin, Callahan, Mag. J., Bauer, J.

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