By: WISCONSIN LAW JOURNAL STAFF//October 14, 2022//
7th Circuit Court of Appeals
Case Name: James E. Hinkle v. Ron Neal, Warden
Case No.: 21‐2067
Officials: HAMILTON, BRENNAN, and JACKSON‐AKIWUMI, Circuit Judges
Focus: Sixth Amendment – Excluded Evidence
James Hinkle is serving a 42‐year prison sentence after an Indiana jury convicted him of sexually molesting his minor nephew, S.B., who testified at trial. On appeal from the denial of his habeas corpus petition under 28 U.S.C. § 2254, Hinkle argues his constitutional right to present a complete defense was violated when the state trial court excluded evidence of S.B.’s drug use. Hinkle’s counsel opposed a motion to exclude evidence of S.B.’s drug use, arguing the evidence was relevant to show S.B.’s motive to fabricate allegations. The court ruled that it would not allow evidence of S.B.’s drug use except to show that it interfered with his ability to recall relevant events. The Court of Appeals of Indiana did not unreasonably apply federal constitutional law in upholding the exclusion of that evidence.
Affirmed
Decided 10/13/22