Michael McDonald v. Secretary, Florida Department of Corrections

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11829
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D.C. Docket No. 4:10-cv-00428-RH-CAS
MICHAEL MCDONALD,
Petitioner - Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
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Appeal from the United States District Court
for the Northern District of Florida
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(January 19, 2016)
Case: 14-11829 Date Filed: 01/19/2016 Page: 1 of 2

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Before HULL, and JILL PRYOR, Circuit Judges, and ROYAL,* District Judge.
PER CURIAM:
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.
* Honorable C. Ashley Royal, United States District Judge for the Middle District of
Georgia, sitting by designation.
Case: 14-11829 Date Filed: 01/19/2016 Page: 2 of 2

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