Russell A. Tinsley v. Bob Borg
Opinion
Opinion
Wallace, J.
Tinsley, a state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition without an evidentiary hearing. Tinsley contends that he was denied a fair state court trial because of juror misconduct, an erroneous evidentiary ruling, and ineffective assistance of counsel. The district court had jurisdiction under 28 U.S.C. § 2241 . We have jurisdiction over Tinsley’s timely appeal pursuant to 28 U.S.C. § 2253 . We affirm.
I
On July 30, 1984, Tawnya, a 17-year-old minor, met Tinsley for the second time when she went to a friend’s apartment to pick up some toys for her niece. The box of toys was heavy, and Tawnya asked Tins-ley to help carry them. Tinsley replied that he had to go to work, but agreed to take the toys to his nearby apartment and help her carry them home after work later that night.
At Tinsley’s apartment that night, Tawn-ya accepted a drink of brandy and some cocaine. When she said she had to return home, Tinsley prevented her from leaving, struggled with her and hit her, forcibly disrobed her, raped her twice and committed other sexual acts. Early the next morning, Tinsley allowed her to leave.