Gary Godleske v. State of Oregon and Manfred Maass, Superintendent, Oregon State Penitentiary
Opinion
Opinion
892 F.2d 1045 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary GODLESKE, Petitioner-Appellant, v. STATE of OREGON and Manfred Maass, Superintendent, Oregon State Penitentiary, Respondents-Appellees. No. 89-35010. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1989 * . Decided Dec. 14, 1989. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Godleske appeals the district court's grant of the State of Oregon's motion for summary judgment in his habeas corpus action. We review the denial of a petition for habeas corpus de noveo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). In accordance with 28 U.S.C. § 2254 (d), we presume that the state court's written factual findings are correct, when, as here, the hearing was full, fair, and adequate, and the record supports the findings. Brooks v. Kincheloe, 848 F.2d 940, 943 (9th Cir.1988). 3 Godleske's first contention is that the evidence against him was insufficient to show…