Jackie Clinton Owens, Petitioner-appellant, v. George Sumner, Warden, et al., Respondent-appellee, 951 F.2d 361 (9th Cir. 1991)Annotate this Case
Submitted Nov. 5, 1991. *Decided Dec. 16, 1991
Before FLETCHER, WIGGINS and KOZINSKI, Circuit Judges.
The state trial court's admission of Owen's prior conviction does not raise a claim cognizable on federal habeas. See Jammal v. Van de Kamp, 926 F2d 918, 919 (9th Cir 1991). Here the court's ruling that Owens's prior conviction would be admissible for impeachment purposes does not rise to the level of a constitutional violation, and thus the district court did not err in denying his petition. See Gordon v. Duran, 895 F2d 610, 613 (9th Cir 1990). We review the district court's finding that Owens did not make a colorable showing of factual innocence for clear error, Carter v. McCarthy, 806 F2d 1373, 1375 (9th Cir 1986), cert denied, 484 US 870 (1987), and find none.