Cooper

This case has managed to wind its way back to us for the third time as a result of an order of the United States District Court which granted defendant’s petition for writ of habeas corpus, followed by a retrial of the action and jury verdict that for a second time found defendant guilty of first degree murder (Pen. Code, § 187, subd. (a)) and kidnapping (§ 207, subd. (a)). Defendant complains in this appeal that the federal district court’s decision in the writ of habeas corpus proceeding is binding under principles of collateral estoppel or law of the case, and precludes the murder conviction. He also argues that he was improperly denied his rights to substitute his appointed counsel and to represent himself, the trial court gave prejudicial instructions concerning his custody status and erroneous instructions concerning accomplice testimony, and finally that his murder conviction is not supported by substantial evidence. We conclude that neither collateral estoppel nor law of the case principles apply in the present case, defendant’s motions to discharge his appointed attorney and represent himself were properly denied, no prejudicial instructional errors were…