Friday, September 02, 2005

Fowler v. Sacramento County Sheriff's Dept

, No. 04-15885 (8-31-05). The 9th grants a petition (Tallman, Bybee and Bea) because the restriction on petitioner's right o cross-examine the minor witness about two prior incidents of alleged abuse violated his sixth amendment rights. The petitioner was accused of inappropriate touching with the 14 year old daughter of the woman he was seeing. She accused him of touching while putting on lotion; he said that there was no inappropriate touching. There was no other evidence, and the case was a he said/she said. The victim had made allegations of two other molestations against other men seeing her mother. The state trial court kept those incidents out due to possible confusion, and relevance. ""Unreasonable" said the 9th, even under AEDPA, and the preclusion runs counter to the right to confront and cross examine.


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