WHITE, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

415 U.S. 308

Davis v. Alaska

CERTIORARI TO THE SUPREME COURT OF ALASKA

MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting.

As I see it, there is no constitutional principle at stake here. This is nothing more than a typical instance of a trial court exercising its discretion to control or limit cross-examination, followed by a typical decision of a state appellate court refusing to disturb the judgment of the trial court and itself concluding that limiting cross-examination had done no substantial harm to the defense. Yet the Court insists on second-guessing the state courts and, in effect, inviting federal review of every ruling of a state trial judge who believes cross-examination has gone far enough. I would not undertake this task, if for no other reason than that I have little faith in our ability, in fact-bound cases and on a cold record, to improve on the judgment of trial judges and of the state appellate courts who agree with them. I would affirm the judgment.