David J. Dearinger v. Janet Barbour, Superintendent

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David J. DEARINGER, Petitioner-Appellant, v. Janet BARBOUR, Superintendent, Respondent-Appellee. No. 92-36641. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Nov. 19, 1993. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 David J. Dearinger seeks habeas relief from his conviction in the Pierce County Superior Court of Washington for Indecent Liberties on December 3, 1982. He alleges several constitutional violations as a result of what he describes as prosecutorial misconduct, deprivation of the right to effective assistance of counsel, and trial court error. We have jurisdiction of the timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 The standard for determining whether habeas relief should be granted is whether the alleged constitutional errors " 'had substantial and injurious effect or influence in determining the jury's verdict.' " Brecht…