David C. Ellard v. Chase Riveland, Secretary of the Washington Department of Corrections

944 F.2d 908 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David C. ELLARD, Petitioner-Appellant, v. Chase RIVELAND, Secretary of the Washington Department Of Corrections Respondent-Appellee. No. 91-35082. United States Court of Appeals, Ninth Circuit. Submitted Sept. 9, 1991 * . Decided Sept. 19, 1991. Before WRIGHT, FARRIS and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 David Ellard, a Tacoma, Washington tire dealer with contracts with the Tacoma School District ("TSD"), was convicted of theft in Washington State Superior Court in 1984. Ellard's habeas corpus petition was dismissed in district court. We affirm. 3 Ellard first argues that Jury Instruction 22 was unconstitutional because it allowed the jury to convict for the criminal acts of others, and it left out the action elements of accomplice liability. We find the instruction only states a necessary but not a sufficient condition for conviction--it tells the jury not to convict unless it finds specific intent, it…