Elmer Harper, Jr. v. Walter R. Kelly, Superintendent, Attica Correctional Facility

OAKES, Chief Judge:

This habeas corpus action calls on us to consider the extent to which a trial court may restrict a defendant’s cross-examination of crucial eyewitness identification testimony. Specifically, we are faced with a state trial court’s evidentiary ruling that precluded inquiry into a victim’s emotional state during an armed robbery, when the victim made observations that formed the basis of his identification of the defendant. Finding that the court infringed upon the defendant’s Sixth Amendment right to confront his accusers by disallowing this significant line of inquiry and…