Ernest Osbond, Jr. v. Roger Crist, Warden, Attorney General of the State of Arizona, Robert K. Corbin, Attorney General

944 F.2d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernest OSBOND, Jr., Petitioner-Appellant, v. Roger CRIST, Warden, Attorney General of the State of Arizona, Robert K. Corbin, Attorney General Respondents-Appellees. No. 89-16101. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1991. Decided Sept. 19, 1991. Before TANG, SKOPIL and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Ernest Osbond filed a petition for post-conviction relief in Arizona federal district court, arguing that his waiver of a jury at his criminal trial was not made knowingly, intelligently, and voluntarily. The district court granted summary judgment for the respondents on the ground that, even if the waiver were improper, the error was harmless. Osbond appeals the grant of summary judgment. We affirm. DISCUSSION 3 Osbond agreed to waive his right to trial by jury in exchange for the prosecution's promise not to seek the death penalty. The written waiver form…