Unpublished Dispositionbillie G. Tolbert, Petitioner-appellant, v. State of Tennessee, Respondent-appellee, 918 F.2d 958 (6th Cir. 1990)

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Billie G. Tolbert filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 in which he challenged the constitutionality of his 1988 conviction for incest. The district court dismissed the petition under Rule 4, Rules Governing Section 2254 Cases. This appeal followed. The parties have briefed the issues, Tolbert proceeding without counsel.

Upon consideration, we agree with the district court's conclusion that it plainly appears Tolbert is not entitled to the relief he seeks. The evidence, as summarized by Tolbert, would enable a jury to find him guilty of incest beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). The state appellate court that considered the substance of Tolbert's second claim, i.e., Tolbert could not have been convicted solely on his daughter's testimony, held the claim meritless under Tennessee law. A question of purely state law will seldom serve as the basis for federal habeas corpus relief. Smith v. Sowders, 848 F.2d 735, 738 (6th Cir.), cert. denied, 488 U.S. 866 (1988).

Accordingly, the district court's judgment is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.