George Ronald Walters v. Jack McCormick

76 F.3d 390 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George Ronald WALTERS, Petitioner-Appellant, v. Jack McCORMICK, Respondent-Appellee. No. 94-35684. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 18, 1995. Decided Jan. 24, 1996. Before: FARRIS, NOONAN, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 George Ronald Walters appeals the denial by the district court of his petition for habeas corpus. The petition challenges his conviction of sexual assault and sexual intercourse without consent in violation of Montana Code Ann. §§ 44-5-502 and 503. The facts of the case are set out in State v. Walters, 506 P.2d 497 (Mont.1991). 3 Walters' challenges are two: (1) that the four-year old victim, K.C., was incompetent to be a witness so that permitting her to testify violated his right to due process and to confront the witnesses against him in violation of the Sixth and Fourteenth Amendments to the United States Constitution; and (2)…