Here is an important note passed on from Davin Guinn:
Please alert the membership to an important recent Fifth Circuit opinion regarding 6th A Confrontation and 5th A Due Process called Kittelson v. Dretke, 04-20252, delv’d 9-20-05.
Mr. Kittelson was convicted of Indecency with a Child by contact and sentenced to 25 years out of Texas City. There was no physical evidence, confession or corroboration–just a swearing match. The Judge and the DA didn’t let the defense attorney cross (1) the complainant about a multitude of things, most importantly other allegations she’d made as well as a recantation of her accusation that he touched her (2) the cop who implied that not only had Kittelson messed with this kid but two others. Chief Judge King, Davis and a S.D. Dist. Judge issued an excellent 27 page opinion that everybody ought to read. It does a good job of summarizing basic, bedrock fundamental 6th A and 5th A law. It’s a two-cup-of-coffee/one good beer reader, but a must read in either event.
Here’s the case cite from Westlaw, courtesy of Joe Kline:
Kittelson v. Dretke
— F.3d —- 2005 WL 2278097 (5th Cir.(Tex.))
To download a copy of the case, click here.