Robinson

907 F.2d 155 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Allen ROBINSON, Petitioner-Appellant, v. Lawrence KINCHELOE, Warden, Respondent-Appellee. No. 89-35262. United States Court of Appeals, Ninth Circuit. Submitted April 26, 1990. * Decided July 12, 1990. Before JAMES R. BROWNING, KILKENNY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Robinson appeals pro se from the district court's denial and dismissal of his petition for a writ of habeas corpus, arguing that the state trial court erred by (1) failing to instruct the jury that the prosecution had to prove lack of self-defense beyond a reasonable doubt as an element of the crime of first-degree murder, and (2) refusing to sever Counts I and II for separate trials. We review de novo any legal conclusions a district court reaches in its decision to grant or deny a petition for a writ of habeas corpus, Bostic v. Carlson, 884 F.2d 1267, 1269 (CA9 1989), while we review for clear error any…