Clayton

MEMORANDUM *

California state prisoner Michael Lamont Clayton appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his 1997 jury conviction and life sentence for attempted first-degree murder, use of a firearm, and intentional infliction of great bodily injury. He argues that the state trial court improperly admitted hearsay evidence in violation of his rights under the Confrontation Clause of the United States Constitution. Specifically, he challenges the admission of an investigation officer’s testimony about a conversation with a 10-year-old witness, upon which the officer relied in assembling a “six-pack” photo lineup that included a photograph of Clayton.

There was no hearsay admitted in this case, as no out-of-court statement was admitted for the truth of the matter asserted. See Fed.R.Evid. 801(c); Cal. Evid.Code § 1200(a). Even if Clayton were correct that the officer’s testimony should have been excluded, any error in admitting it was harmless. Clayton and the victim had known each other for fifteen years prior to the shooting, and at trial the victim positively identified Clayton as the shooter.

We cannot say that the challenged…