Richard Garver v. Robert G. Borg, Warden

83 F.3d 427 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard GARVER, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee. No. 95-15106. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Richard Garver, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Garver contends that: (1) the district court erred by finding that the admission of hearsay evidence was harmless error and did not violate Garver's Confrontation Clause and Due Process rights, and (2) the trial court should have sua sponte instructed the jury on circumstantial evidence. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a petition for writ of habeas corpus, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and affirm. 3 * Confrontation…