Hagos Gebreamlak v. Daniel B. Vasquez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hagos GEBREAMLAK, Plaintiff-Appellant, v. Daniel B. VASQUEZ, Defendant-Appellee. No. 88-15597. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1989. Decided Dec. 8, 1989. Before HUG, FARRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 The appellant was charged with attempted murder and was convicted of the lesser related offense of assault with a deadly weapon. The appellant now seeks to be released from state prison on a writ of habeas corpus, claiming a number of due process violations in the state trial and appeals process as well as in the habeas corpus proceedings in state and district court. Specifically, the appellant claims that (1) his conviction of assault with a deadly weapon violated due process because assault with a deadly weapon was not charged in the information nor is it a necessarily included lesser offense of attempted murder; (2) the district court violated his due process…