John E. Miller v. Harold Falk, Director of the Department of Corrections, State of Hawaii

892 F.2d 1046 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John E. MILLER, Petitioner-Appellant, v. Harold FALK, Director of the Department of Corrections, State of Hawaii, Respondent-Appellee. No. 88-15578. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1989. * Decided Dec. 15, 1989. Before SNEED, KOZINSKI and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 John E. Miller, a Hawaii state prisoner, appeals pro se the district court's denial of his petition for a writ of habeas corpus. Miller argues his conviction is constitutionally flawed because (1) a prosecution witness recanted his testimony after the trial and (2) the prosecution knowingly presented perjured testimony. Miller also argues the district court erred in not holding an evidentiary hearing and in not appointing counsel to represent him in his habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm. FACTS AND PROCEEDINGS 3 A jury convicted Miller of one…