Summary
In McDonald v. Sec'y Fla. Dep't of Corr., 632 Fed.Appx. 586 (11th Cir. 2016) (unpublished), the Eleventh Circuit affirmed the district court's denial of federal habeas relief under circumstances similar to this case.
Summary of this case from Heagney v. Sec'y, Fla. Dep't of Corrs.Opinion
No. 14-11829
01-19-2016
MICHAEL MCDONALD, Petitioner - Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent - Appellee.
[DO NOT PUBLISH] D.C. Docket No. 4:10-cv-00428-RH-CAS Appeal from the United States District Court for the Northern District of Florida Before HULL, and JILL PRYOR, Circuit Judges, and ROYAL, District Judge. PER CURIAM:
Honorable C. Ashley Royal, United States District Judge for the Middle District of Georgia, sitting by designation. --------
Michael McDonald appeals the district court's denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2254, challenging his convictions for (1) sexual battery of a child less than 12 years of age and (2) lewd and lascivious molestation. On appeal, McDonald argues that his Sixth Amendment rights to confrontation and a fair trial were violated when the trial court permitted the alleged victim, a child who was five years old at the time of trial, to testify outside of his presence via closed-circuit television pursuant to a procedure established by Florida statute, Fla. Stat. § 92.54. Upon a thorough review of the briefs and record, and with the benefit of oral argument, we affirm based on the well-reasoned report and recommendation of the magistrate judge and the order of the district court entered on March 31, 2014.
AFFIRMED.