James Nelson Blair v. Sherman T. Block, Sheriff Ruth Rushen Attorney General for the State of California

951 F.2d 358 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Nelson BLAIR, Petitioner-Appellant, v. Sherman T. BLOCK, Sheriff; Ruth Rushen; Attorney General for the State of California, Respondents-Appellees. No. 90-55940. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1991. * Decided Dec. 19, 1991. Before PREGERSON, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner James Blair appeals the district court's dismissal of his writ of habeas corpus for his attempted murder conviction. 1 We review habeas corpus decisions de novo. Zimmerlee v. Keeny, 831 F.2d 183, 185 (9th Cir.1987). 3 While petitioner's habeas writ was pending, the attempted murder victim died. In a subsequent trial, petitioner was sentenced to death upon his conviction of special circumstance murder, murder by poison. By operation of California law, petitioner's sentence for attempted murder was suspended. Cal.Penal Code § 654. Accordingly, the federal district court…