Page:United States Reports 502 OCT. TERM 1991.pdf/221

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Cite as: 502 U. S. 62 (1991)

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Syllabus such an element: that the killing was intentional. It was also improper for the Court of Appeals to base its holding on its conclusion that the evidence was incorrectly admitted under state law, since it is not the province of a federal habeas court to reexamine state-court determinations on state-law questions. Lewis v. Jeffers, 497 U. S. 764, 780. Pp. 67–70. (b) The Court of Appeals erred in concluding that the instruction allowed the jury to consider the prior injury evidence for more than simply proof of battered child syndrome. The instruction’s language forecloses McGuire’s claim that the jury was directed to find that he had committed the prior acts. The trial court’s inclusion of the words “if the Defendant committed other offenses” unquestionably left it to the jury to determine whether he committed the prior acts and to use the evidence in deciding his guilt only if it believed that he had committed those acts. To the extent that the jury may have believed that he inflicted the prior injuries, there was sufficient evidence in the record to support that conclusion. Also rejected is McGuire’s argument that, even if the determination of the perpetrator was left to the jury, the instruction was a propensity instruction, allowing the jury to base its determination of guilt in part upon the conclusion that McGuire had committed the prior acts and therefore had a disposition to commit this type of crime. While the instruction was ambiguous, there is no “reasonable likelihood” that the jury would have concluded that it, read in the context of other instructions, authorized the use of propensity evidence. Boyde v. California, 494 U. S. 370, 380. It seems far more likely that the jury understood the instruction to mean that if it found a “clear connection” between the prior and instant injuries, and if it found that McGuire had committed the prior injuries, then it could use that fact in determining that he committed the crime charged. This parallels the use of prior act evidence for the purpose of showing intent, identity, motive, or plan, see, e. g., Fed. Rule Evid. 404(b). More importantly, the court specifically guarded against possible misuse by advising the jury that the prior injury evidence, if believed, could not be considered to prove that McGuire was “a person of bad character or that he ha[d] a disposition to commit crimes.” Neither the belief that the instruction violated state law nor a belief that the trial judge incorrectly interpreted the state evidence code is a ground for federal habeas relief. Pp. 70–75. 902 F. 2d 749, reversed. Rehnquist, C. J., delivered the opinion of the Court, in which White, Blackmun, Scalia, Kennedy, and Souter, JJ., joined, and in Part I of