Adrian C. Frasure v. Robert G. Borg and John K. Van Kamp

892 F.2d 82 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Adrian C. FRASURE, Petitioner-Appellant, v. Robert G. BORG and John K. Van Kamp, Respondents-Appellees. No. 88-15390. United States Court of Appeals, Ninth Circuit. Submitted July 25, 1989. * Decided Dec. 19, 1989. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 After being convicted of rape, appellant moved for a new trial on the basis of newly discovered evidence. The trial court held a hearing and subsequently denied the motion. The state court of appeal affirmed, and the supreme court denied the petition for review. 3 Appellant then petitioned for a writ of habeas corpus in federal district court. The court denied the petition, and appellant claims that the denial was an abuse of discretion. 4 The district court had no authority to interfere with the state court's decision to deny appellant's motion, unless appellant showed that the state court completely disregarded "that fundamental…