Here, admission of this testimony did not affect the verdict because the testimony concerned a collateral issue. See Ball v. Wyrick , 547 F.2d 78, 80 (8th Cir. 1977). Adams's conviction was for conspiring to force Ethan to transfer the doitforstate.

Federal habeas courts may not review the mere admissibility of evidence under state law, because our responsibility is confined to errors of constitutional dimension. See, e.g., Ball v. Wyrick, 547 F.2d 78, 79 (8th Cir. 1977). Further, federal courts are highly dependent upon state court findings of subsidiary facts pertinent to the challenged determination.

See Jackson v. Virginia, 443 U.S. 307, 313, 99 S.Ct. 2781, 2786, 61 L.Ed.2d 560 (1979). There of course may be other legitimate due process claims, see, e. g., Collins v. Auger, 577 F.2d 1107 (8th Cir. 1978), cert. denied, 439 U.S. 1133, 99 S.Ct. 1057, 59 L.Ed.2d 96 (1979), but unless the error alleged is on its face so egregious and so erodes procedures affecting fundamental fairness of the trial, we lack jurisdiction to review these claims under section 2254. Morrow v. Wyrick, 646 F.2d 1229, at 1234 (8th Cir. 1981); Davis v. Campbell, 608 F.2d 317, 319 (8th Cir. 1979); Nelson v. Hutto, 597 F.2d 137, 138 (8th Cir. 1979); Cooper v. Campbell, 597 F.2d 628, 632-33 (8th Cir. 1979); Ball v. Wyrick, 547 F.2d 78, 79 (8th Cir.), cert. denied, 431 U.S. 941, 97 S.Ct. 2657, 53 L.Ed.2d 259 (1977); Wilson v. Parratt, 540 F.2d 415, 416 (8th Cir. 1976); Hogan v. Nebraska, 535 F.2d 458, 460 (8th Cir. 1976); Maggitt v. Wyrick, 533 F.2d 383, 385 (8th Cir.), cert. denied, 429 U.S. 898, 97 S.Ct. 264, 50 L.Ed.2d 183 (1976); Cunha v. Brewer, 511 F.2d 894, 898 (8th Cir.), cert. denied, 423 U.S. 857, 96 S.Ct. 108, 46 L.Ed.2d 83 (1975); Taylor v. Minnesota, 466 F.2d 1119, 1121 (8th Cir. 1972), cert. denied, 410 U.S. 956, 93 S.Ct. 1425, 35 L.Ed.2d 689 (1973); Atwell v. Arkansas, 426 F.2d 912, 915 (8th Cir. 1970). In the present case the resolution of whether the testimony of the witness was prejudicial was one peculiarly for the state courts.

A federal issue is not presented unless the trial irregularities or evidentiary errors infringe upon a specific constitutional guarantee or amount to a denial of due process because of the prejudicial nature of the error. Ball v. Wyrick, 547 F.2d 78, 79 (8th Cir.) (per curiam) (citations omitted), cert. denied, 431 U.S. 941, 97 S.Ct. 2657, 53 L.Ed.2d 259 (1977). In order to establish a denial of due process the petitioner must prove that the asserted error was so "gross," "conspicuously prejudicial," or otherwise of such magnitude that it fatally infected the trial and failed to afford petitioner the fundamental fairness which is the essence of due process.

Edwards v. Butler, 82 F.2d 160, 164 (5th Cir. 1989). Because federal habeas review is confined to errors of constitutional dimension, an issue concerning the mere admissibility of evidence under state law is not cognizable. Ball v. Wyrick, 547 F.2d 78, 79 (8th Cir. 1977). In addition, federal courts must defer to state court findings of subsidiary facts which are pertinent to the challenged determination.

Petitioner must show a due process violation before he is entitled to relief on this issue. Byrd v. Armontrout, 880 F.2d 1 (8th Cir. 1989), cert. denied, 494 U.S. 1019, 110 S.Ct. 1326, 108 L.Ed.2d 501 (1990); Amos v. Minnesota, 849 F.2d 1070 (8th Cir. 1988), cert. denied, 488 U.S. 861, 109 S.Ct. 159, 102 L.Ed.2d 130 (1988); Sullivan v. Minnesota, 818 F.2d 664 (8th Cir. 1987), cert. denied, 484 U.S. 862, 108 S.Ct. 178, 98 L.Ed.2d 131 (1987); Wood v. Lockhart, 809 F.2d 457 (8th Cir. 1987); Ball v. Wyrick, 547 F.2d 78 (8th Cir. 1976), cert. denied, 431 U.S. 941, 97 S.Ct. 2657, 53 L.Ed.2d 259 (1977). See also Pentecost v. Estelle, 582 F.2d 1029 (5th Cir. 1978).

. . . It is only where the trial errors or irregularities infringe upon a specific constitutional protection or are so prejudicial as to amount to a denial of due process that a justiciable federal issue is presented in a habeas corpus proceeding. Atwell v. State of Arkansas, 426 F.2d 912, 915 (8th Cir. 1970), cited in, e. g., Ball v. Wyrick, 547 F.2d 78 (8th Cir. 1977); Hogan v. State of Nebraska, 535 F.2d 458 (8th Cir. 1976); Maggitt v. Wyrick, 533 F.2d 383 (8th Cir. 1976).         Although counsel for petitioner fails to even allege that any trial error with respect to the white tablets reaches a level of constitutional dimensions, this court has considered that issue in terms of constitutional error.

. . . It is only where the trial errors or irregularities infringe upon a specific constitutional protection or are so prejudicial as to amount to a denial of due process that a justiciable federal issue is presented in a habeas corpus proceeding. Atwell v. State of Arkansas, 426 F.2d 912, 915 (8th Cir. 1970), cited in, e.g., Ball v. Wyrick, 547 F.2d 78 (8th Cir. 1977); Hogan v. State of Nebraska, 535 F.2d 458 (8th Cir. 1976); Maggitt v. Wyrick, 533 F.2d 383 (8th Cir. 1976). "Claimed errors in instructions to the jury are generally not of such constitutional magnitude and do not state a claim for habeas corpus relief."

Following an evidentiary hearing, his motion was denied. Appellant's previous attempts at securing relief by direct attack in state court State v. Ball, 529 S.W.2d 901 (Mo.App. 1975) and collateral attack in federal court [ Ball v. Wyrick], 547 F.2d 78 (8th Cir. 1977) were unsuccessful. The sole issue comprising this appeal is the assertion that the State knowingly used perjured testimony at appellant's trial.