John Michael Hughes v. Robert Raines

We affirm the district court’s denial of John Michael Hughes’s petition for a writ of habeas corpus. Hughes was convicted of first degree attempted rape in an Arizona state court in November 1978. The conviction was affirmed by the Arizona Court of Appeals, and the Arizona Supreme Court denied review. Hughes then filed this habeas corpus petition asserting that his right to confrontation, guaranteed by the sixth and fourteenth amendments, was denied when the trial court granted a prosecution motion to preclude appellant from questioning the complaining witness regarding an attempted rape accusation she previously had made against another person.

FACTS

The complaining witness, a 19-year-old girl, gave the following testimony concerning the event: Appellant Hughes picked her up as she was hitchhiking. He represented to her that he could assist her in obtaining a job at the wrecking yard where he was employed. He met her the following morning with the understanding that he would take her to see his employer. Instead, he drove to an isolated area in the foothills near Phoenix. Hughes told her to take off her clothes, and when she refused to do so, he pulled her out of the truck,…