Andrew H. Trusley v. Kurt S. Peterson, Superintendent

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andrew H. TRUSLEY, Petitioner-Appellant, v. Kurt S. PETERSON, Superintendent, Respondent-Appellee. No. 91-35430. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 7, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Andrew H. Trusley, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Trusley was convicted following a jury trial of second-degree assault and false imprisonment. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Trusley first claims that the trial court erred by not admitting into evidence a psychiatric report that previously had been used to evaluate Trusley's competence to stand trial. Trusley submitted the report to support a defense of diminished capacity due to alcohol use, but the trial court refused to admit the report…