Terry L. Myers v. B. J. Bunnell

942 F.2d 792 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry L. MYERS, Petitioner/Appellant, v. B. J. BUNNELL, Respondent/Appellee. No. 90-15236. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1991. * Decided Aug. 21, 1991. Before JAMES R. BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Terry Myers appeals pro se the denial of his habeas petition challenging his conviction by jury trial for murder and robbery. We affirm. I. Due Process Claims A. Jury Instructions 3 We agree with the district court that if the aiding and abetting instruction given by the state trial court was error it was harmless beyond a reasonable doubt. There was ample evidence that Myers was the actual perpetrator of the robbery or attempted robbery of three of the victims, that he joined Edwards in the robbery of the felony murder victim, and that the robberies were all part of the same transaction. Myers therefore had the requisite…