Sidney W.L. Hammons v. Robert Glen Borg, Warden

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sidney W.L. HAMMONS, Plaintiff-Appellant, v. Robert Glen BORG, Warden, Defendant-Appellee. No. 89-55372. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Hammons, a state prisoner, appeals pro se from the district court's judgment denying his habeas corpus petition. Hammons argues that the California trial court erred by using a new jury in the penalty phase of his capital murder trial after he had been found guilty with special circumstances by the first jury. He also argues that he had ineffective assistance of counsel at both the trial and appellate levels. We disagree and affirm. 3 Hammons has no right to have the same jury in both the guilt and penalty phases of his trial. There is no constitutional right to have any jury at all in the penalty phase. United States v. Brown, 744 F.2d 905,…