Page:United States Reports 502 OCT. TERM 1991.pdf/229

 502us1$$7H 08-21-96 15:22:22 PAGES OPINPGT

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

71

Opinion of the Court

“was received and may be considered by you only for the limited purpose of determining if it tends to show . . . a clear connection between the other two offense[s] and the one of which the Defendant is accused, so that it may be logically concluded that if the Defendant committed other offenses, he also committed the crime charged in this case.” App. 41. McGuire argues that, despite the absence of any direct evidence showing that he caused the rib and rectal injuries, the instruction told the jury to find that he had committed those prior offenses. Furthermore, he argues, the instruction left the jury with the mistaken impression that it could base its finding of guilt on the simple fact that he had previously harmed Tori. Under McGuire’s reading, the instruction is transformed into a propensity instruction, allowing the jury to consider as evidence of his guilt the fact that his prior acts show a disposition to commit this type of crime. This, he contends, violates the Due Process Clause. In arguing his point, McGuire makes much of the fact that, in giving its instruction, the trial court deviated in part from standard jury instruction 2.50, 1 California Jury Instructions, Criminal (4th ed. 1979) (CALJIC).3 As we have stated above, however, the fact that the instruction was allegedly incorrect under state law is not a basis for habeas 3 Meticulous compliance with CALJIC 2.50, as in effect at McGuire’s trial, would have led the trial court to instruct the jury that the prior injury evidence “was received and may be considered by you only for the limited purpose of determining if it tends to show: “A characteristic method, plan or scheme in the commission of criminal acts similar to the method, plan or scheme used in the commission of the offense in this case which would further tend to show a clear connection between the other offense[s] and the one of which defendant is accused so that it may be logically concluded that if defendant committed the other offense[s] he also committed the crime charged in this case” (portion in italics was omitted from the actual jury instruction given at McGuire’s trial).