Dietrich v. Smith

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-1672
Decision Date: 
December 4, 2012
Federal District: 
E.D. Wisc.
In prosecution on sexual assault charge, Dist. Ct. did not deny defendant due process by refusing to conduct in camera inspection of counselor’s records concerning victim of sexual assault prior to counselor testifying in sentencing hearing that sexual assault had negative effect on victim. Defendant failed to make plausible showing that victim’s counseling records would produce material evidence, and any favorable evidence contained in said records would have been cumulative to other evidence supporting defendant’s claim that victim’s mental state was affected by factors unrelated to sexual assault.