United States Court of Appeals For the Seventh Circuit ____________________ No. 17-2903 TONY P. ROGERS, Petitioner-Appellant, v. JASON WELLS, Warden, Respondent-Appellee. ____________________

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 1:17-CV-00446 — William C. Griesbach, Judge. ____________________

ARGUED DECEMBER 5, 2023 — DECIDED MARCH 22, 2024 ____________________

Before HAMILTON, BRENNAN, and ST. EVE, Circuit Judges. BRENNAN, Circuit Judge. The State of Wisconsin prosecuted Tony Rogers for repeatedly sexually assaulting his daughter, DAR, relying primarily on evidence and testimony from her. A jury found Rogers guilty, and he appealed his convictions. He argued that his trial counsel was ineffective for failing to move for in camera review of DAR’s medical records. The Wisconsin Court of Appeals rejected Rogers’s claim, and the Supreme Court of Wisconsin denied review. 2 No. 17-2903

On federal habeas review, Rogers asked the district court to find the state court decision contrary to, or an unreasonable application of, clearly established federal law. The district court declined. Given the record here and the applicable standard of review, we affirm the district court. I Rogers is a state prisoner serving a lengthy sentence for repeatedly sexually assaulting his biological daughter, DAR, between 2005 and 2010. DAR lived mostly with her mother but sometimes had overnight visits with Rogers. When DAR visited Rogers, she stayed at a home he shared with his mother and grandfather. DAR stopped visiting Rogers in 2010. In 2012, DAR gave her mother a letter accusing Rogers of molesting her during her prior visits and expressing how that trauma was affecting her. In the letter, she says she: • “need[s] mental health”; • is “on the verge of committing suicide”; • “hate[s] having too much responsibility”; • feels “like a single parent, trying to juggle school, little people, and other responsibilities”; • “decided to tell [her mom] now, [because she] ha[s] gone to school crying about all the stress almost every day of the school year”; • is “always hearing voices and thinking negative thoughts and feel no one loves me”; • thinks “about running away, committing suicide, and first-degree murder … .” No. 17-2903 3 Response to Petition for Writ of Habeas Corpus, Ex. 14 at 34– 35, ECF 10-14. DAR’s mother reported the accusations of sexual abuse to the police. Later, Rogers was charged in Wisconsin state court with four counts of first-degree sexual assault of a child and one count of incest. Rogers pleaded not guilty and went to trial. The State moved in limine to prevent defense counsel from offering evidence that DAR was diagnosed with and re- ceived inpatient treatment for a mental illness. Rogers’s attor- ney opposed the motion, contending his investigator learned that DAR was diagnosed with schizophrenia. The State re- sponded that this contention was unsupported and that DAR’s mother said DAR was diagnosed with depression. The prosecutor argued: without medical records and without defense counsel bringing forth some reason why they should be able to cross-examine the victim about her actual mental health history and diagnosis, [DAR’s hospitalization, treatment, and diagnosis are not] relevant [and are] overly prejudicial. Response to Petition for Writ of Habeas Corpus, Ex. 10 at 7, ECF 10-10. The trial court granted the State’s motion.