Moses

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY DUANE MOSES,  No. 07-35468 Petitioner-Appellant, v.  D.C. No.

CV-06-01105-MJP

ALICE PAYNE,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted February 4, 2008—Seattle, Washington

Filed September 15, 2008

Before: Raymond C. Fisher, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta; Dissent by Judge Gould

12777 MOSES v. PAYNE 12781

COUNSEL

John Henry Browne, Seattle, Washington, for the petitioner- appellant.

Alex A. Kostin, Assistant Attorney General, Olympia, Wash- ington, for the respondent-appellee.

OPINION

IKUTA, Circuit Judge:

A Washington state jury convicted Jeffrey Moses of second degree murder for the shooting death of his wife, Jennifer Moses. In this appeal, we consider whether the district court erred in denying Jeffrey Moses’s petition for a writ of habeas corpus. Moses contends that his federal constitutional rights 12782 MOSES v. PAYNE…