Brende v. Young, No. 17-1524 (8th Cir. 2018)Annotate this Case
The 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.