Jerry Paul Barr v. John Ratelle, Warden
Opinion
Opinion
64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Paul BARR, Petitioner-Appellant, v. John RATELLE, Warden, Respondent-Appellee. No. 93-55291. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1995. Decided Aug. 15, 1995. Before: CHOY, POOLE and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Jerry Paul Barr appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254 . We affirm. 3 During Barr's cross examination, the prosecutor attempted to impeach Barr's credibility by eliciting testimony about his numerous prior convictions. The questioning indicated that in addition to Barr's prior felony convictions, there were several additional charges that had been dismissed pursuant to a plea bargain. Barr argues that this admission of evidence of prior bad acts not resulting in conviction deprived him of due process. 4 We reject the argument. Even if the trial court incorrectly applied California's…