Stewart

921 F.2d 281 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Warren G. STEWART, Petitioner-Appellant, v. James P. ROLAND, Respondent-Appellee. No. 89-15936. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1990. Decided Dec. 18, 1990. Before JAMES R. BROWNING, PREGERSON and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Warren G. Stewart appeals the denial of his habeas corpus petition. He argues his rape trial was fundamentally unfair under the Due Process Clause because the prosecutor was permitted to cross-examine him on the circumstances surrounding an earlier rape charge of which he was acquitted. He also contends the prosecutor's closing argument, which focused on the prior rape charge, similarly deprived him of a fair trial. 3 * Stewart was convicted of assault with intent to commit rape, false imprisonment, three counts of forcible oral copulation, and two counts of sexual penetration with a foreign object. California…