Walter Dean ERNEST, Petitioner-Appellant, v. David L. RUNNELS, Respondent-Appellee, 388 F. App'x 719

MEMORANDUM California state prisoner Walter Dean Ernest appeals pro se from the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Ernest contends that the trial court violated his constitutional rights when it excluded evidence that the woman he was convicted of raping had been arrested three years earlier for prostitution, and that she had been terminated from her job. Because the excluded evidence he cites was not particularly probative or reliable, its exclusion by the trial court did not violate Ernest’s right to due process.

See Christian v. Frank, 595 F.3d 1076, 1085-86 (9th Cir.2010); cf. Chia v. Cambra, 360 F.3d 997, 1004 (9th Cir.2004). Accordingly, the California Court of Appeal’s rejection of Ernest’s claims was neither contrary to, nor an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1). Moreover, as the district court determined, any errors did not have a substantial and injurious effect on the jury’s verdict in light of the overwhehuing evidence of Ernest’s guilt. See Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.