Brende v. Young, No. 17-1524 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's dismissal of a petition for habeas corpus under 28 U.S.C. 2254 where petitioner was convicted of two counts of first-degree rape and two counts of sexual contact with a child under the age of 16. The court held that petitioner failed to exhaust his remedies in regard to his claim that admission of a video of the victim implicated his rights under the Confrontation Clause; petitioner also failed to raise the Confrontation Clause issue before the district court; and the evidence at trial, including the video, provided an adequate basis for conviction.
Court Description: Per Curiam - Before Smith, Chief Judge, and Murphy and Colloton, Circuit Judges] Prisoner case - Habeas. This opinion is filed by Chief Judge Smith and Judge Colloton pursuant to 8th Cir. R. 47E. The propriety of the admission of a video of a forensic exam of the victim was not properly before the court as the claim was not exhausted; with respect to the remaining question, whether the evidence at trial provided an adequate basis for conviction, Brende has not shown that the South Dakota courts unreasonably determined the facts supporting his conviction, and the South Dakota Supreme Court's holding that there was sufficient evidence to convict him of oral rape was not unreasonable. [ October 29, 2018
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