Lynnard Arvant Smith v. B.J. Bunnell, Superintendent

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lynnard Arvant SMITH, Petitioner-Appellee, v. B.J. BUNNELL, Superintendent, Respondent-Appellant. No. 92-55471. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 9, 1992. Before WIGGINS, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We decide whether Smith's trial was "so infused ... with unfairness as to deny due process of law." Estelle v. McGuire, 112 S.Ct. 475, 484 (1991). Regardless of whether the trial court's actions were proper under state law, the only question we must answer is whether the trial court's actions made the trial fundamentally unfair. See id. at 480 ("federal habeas corpus relief does not lie for errors of state law"). We believe they didn't. 3 Smith was tried for killing Weary. As Weary was dying, he told a policeman that Smith "did it." The trial court let the policeman testify that he thought Weary was sincere when he inculpated Smith. The court also…