Bruce Armand Cerny v. Wayne Estelle

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bruce Armand CERNY, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 86-1862. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1989. Decided Dec. 15, 1989. Before JAMES R. BROWNING, CYNTHIA HOLCOMB HALL, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellant Bruce Cerny was convicted in state court of second degree murder and simple assault. Cerny filed a habeas petition in federal court alleging two constitutional violations. He claims a sixth amendment violation under Bruton v. United States, 391 U.S. 123 (1968). He also claims that the state trial court deprived him of his right to a fair trial by excluding certain evidence. The district court denied Cerny's petition for a writ of habeas corpus and we affirm. 3 * Ricky Caponio, the homicide victim, and Dasy Rutter, his girlfriend, shared a houseboat in Sausalito, California. Caponio was a heroin dealer who agreed to…