Larry Scott v. Ralph M. Diaz

MEMORANDUM

Larry Avery Scott appeals the district court’s denial of his habeas corpus petition. Scott contends that: (i) the erroneous admission of prior conduct evidence resulted, independently or cumulatively, in a denial of his due process right to a fair trial; and (ii) his trial counsel’s failure to object to a witness’s recorded statement suggesting that Scott or another defendant was “[t]he guy that killed ... Gil Bailey” constituted ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

I

Scott contends that admission of witness statements suggesting that he shot someone and killed someone else resulted, independently or cumulatively, in a denial of his due process right to a fair trial. A state trial court’s evidentiary rulings do not provide grounds for federal habeas relief unless “the alleged errors rise to the level of a due process violation.” Estelle v. McGuire, 502 U.S. 62, 67 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991).

Shannon Brown’s testimony that Scott had shot her husband was relevant because it was responsive to defense counsel’s questioning and revealed her bias against Scott. Will Brown’s recorded statement…