Sayasack

MEMORANDUM *

Petitioner Dokdinh Sayasack appeals the district court’s denial of his § 2254 petition. He argues that the state trial court violated his Sixth Amendment right of confrontation when it admitted hearsay statements, made by Jason Allison and Randy Capps, implicating Petitioner in an aggravated murder. On de novo review, we find no error and affirm.

The admission of Allison’s hearsay statements was neither contrary to, nor an unreasonable application of, clearly established federal law as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1). Allison testified at Petitioner’s trial, where Petitioner had the opportunity to cross-examine him about his out-of-court statements. Accordingly, the admission of those statements did not violate Petitioner’s right of confrontation. United States v. Owens, 484 U.S. 554, 559-60 , 108 S.Ct. 838 , 98 L.Ed.2d 951 (1988).

Capps did not testify at Petitioner’s trial. His out-of-court statements were admitted under the hearsay exception for statements against penal interest. Wash. R. Evid. 804(b)(3). Capps’ statements so far tended to subject him to criminal liability that he would not reasonably have uttered them unless he believed…