Gilpin v. Mccormick

921 F.2d 928 Joel GILPIN, Petitioner-Appellant, v. Jack McCORMICK, Warden of Montana State Prison; Marc Racicot, Attorney General of State of Montana; and Mike Shafer, Sheriff of Yellowstone County, Respondents-Appellees. No. 90-35147. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 1, 1990. Decided Dec. 21, 1990. Stephen C. Moses, Billings, Mont., for petitioner-appellant. Patricia J. Schaeffer Jordan, Asst. Atty. Gen. of Montana, Marc Racicot, Montana Atty. Gen., Helena, Mont., for respondents-appellees. Appeal from the United States District Court for the District of Montana. Before HUG, and NELSON, Circuit Judges, and WALKER, * District Judge. DOROTHY W. NELSON, Circuit Judge: 1 Montana prisoner Joel Gilpin was convicted of sexually assaulting two girls, ages eleven and twelve, and sentenced to two consecutive four-year terms. He brings this habeas petition, arguing that 1) the failure of the court to order a psychiatric examination of the girls denied him due process; 2) this failure also denied him the right of confrontation; and 3) the evidence was insufficient to support the convictions. We affirm the district court's summary judgment dismissal of…