James Lloyd Denney v. Samuel Lewis, Director, Adoc, Robert Corbin, Attorney General of the State of Arizona

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Lloyd DENNEY, Petitioner-Appellant, v. Samuel LEWIS, Director, ADOC, Robert Corbin, Attorney General of the State of Arizona, Respondent-Appellee. No. 88-15584. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James Lloyd Denney, an Arizona state prisoner, appeals the district court's denial of his petition for habeas corpus for failure to state a claim upon which relief may be granted. Denney contends that the trial court's failure to allow him to try his alleged prior convictions before a jury violated his due process rights. 3 We have jurisdiction to hear this appeal from the district court's order denying the petition for writ of habeas corpus under 28 U.S.C. § 2254 . We review the district court's decision de novo. United States v. Popoola, 881 F.2d 811, 812 (9th Cir.1989). "To…