Eric William Zessman v. George Sumner, Warden, the Attorney General of the State of Nevada

892 F.2d 85 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric William ZESSMAN, Petitioner-Appellant, v. George SUMNER, Warden, the Attorney General of the State of Nevada, Respondents-Appellees. No. 87-15080. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1989. Decided Dec. 27, 1989. Before REINHARDT, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 The Nevada Supreme Court reversed Zessman's conviction for first degree murder because he had been given a constitutionally inadequate time to prepare a defense to that charge. Zessman v State, 94 Nev 28, 573 P2d 1174, 1177 (1978). However, the court found that there was sufficient evidence to support a conviction for the lesser included offense of second degree murder, a charge for which Zessman had been given adequate time to prepare. The supreme court therefore remanded to the trial court to pronounce judgment and resentence Zessman for second degree murder. Id at 1177-78. On federal…