Moseley v. Kemper

Dist. Ct. did not err in denying defendant’s habeas petition challenging his conviction on charge of possession of nude photos of victim that were taken without her permission, even though defendant argued that Wisc. trial court should have reviewed in camera victim’s mental health records, where defendant asserted that said records contained evidence of victim’s memory problems, as well as her consent to have a sexual relationship with defendant. While defendant contended that Wisc. Appellate Ct. improperly used Wisc. legal standard for determining when in camera review is appropriate, as opposed to federal standard as set forth in Ritchie, 480 U.S. 39, Wisc. legal standard, that required showing of specific factual basis demonstrating reasonable likelihood that subject records contained relevant information necessary to determination of guilt or innocence, was not substantially different from Ritchie standard. Moreover, any evidence regarding victim’s alleged memory problems was cumulative to what was brought out at trial, and fact that victim may have consented to sexual relationship with defendant was not relevant to issue as to whether she had consented to photos in question.