James Franklin Messamore v. Harold Falk, Director of Corrections, State of Hawaii

967 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Franklin MESSAMORE, Petitioner-Appellant, v. Harold FALK, Director of Corrections, State of Hawaii, Respondent-Appellee. No. 91-16340. United States Court of Appeals, Ninth Circuit. Submitted April 28, 1992. * Decided June 25, 1992. Before GOODWIN, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Franklin Messamore appeals in propria persona from the district court's second dismissal of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254 . We affirm. DISCUSSION 3 We review de novo the district court's denial of a habeas corpus petition. Bruni v. Lewis, 847 F.2d 561, 563 (9th Cir.), cert. denied, 488 U.S. 960 (1988), and cert. denied, 489 U.S. 1055 (1989). 4 The Admission of The Victim's Prior Testimony and Her Prior Statements to Her Mother 5 We are bound by the Hawaii courts' interpretations of Hawaii's rules of evidence. La Mere v. Risley, 827 F.2d 622, 623 (9th Cir.1987). Messamore…