Lelan Lars v. Bernie Aispuro, Supt.

33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lelan LARS, Petitioner-Appellant, v. Bernie AISPURO, Supt., et al. Respondent-Appellee. No. 93-56666. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. 1 Decided Aug. 15, 1994. 1 Before: O'SCANNLAIN and NELSON, T.G., Circuit Judges, and MERHIGE, Senior District Judge. 2 MEMORANDUM 3 2 Lars, a state prisoner, appeals from the district court's order denying his application for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . Appellant contends that, in violation of his rights under the confrontation clause of the Sixth Amendment of the United States Constitution, the state trial court failed to exclude inadmissible hearsay and issued an inadequate limiting instruction regarding the alleged hearsay. The testimony of which appellant complains was not hearsay in that it was not offered for the truth of the matter asserted. Tennessee v. Street, 471 U.S. 409, 413 (1985). 3 Appellant also…