The following excerpt is from Lars v. Aispuro, 33 F.3d 59 (9th Cir. 1994):
Lars, a state prisoner, appeals from the district court's order denying his application for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Appellant contends that, in violation of his rights under the confrontation clause of the Sixth Amendment of the United States Constitution, the state trial court failed to exclude inadmissible hearsay and issued an inadequate limiting instruction regarding the alleged hearsay. The testimony of which appellant complains was not hearsay in that it was not offered for the truth of the matter asserted. Tennessee v. Street, 471 U.S. 409, 413 (1985).
Appellant also asserts ineffective assistance of counsel on the part of his trial attorney. Appellant has failed to establish prejudice as required by Strickland v. Washington, 466 U.S. 668, 694 (1984).
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