Terry L. Huston v. James Gomez, Director John K. Van De Kamp Attorney General of California James H. Gomez

953 F.2d 1387 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. HUSTON, Petitioner-Appellant, v. James GOMEZ, Director; John K. Van De Kamp; Attorney General of California; James H. Gomez, Respondents-Appellees. No. 91-55332. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1991. * Decided Jan. 21, 1992. 1 Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, ** District Judge. 2 MEMORANDUM *** 3 Huston was convicted in state court of ten counts of robbery and now raises five issues in support of his petition for a writ of habeas corpus. 4 A. Huston alleges that he was denied due process when jailers confiscated materials necessary to prepare his defense. To determine whether a state's loss of evidence constitutes a due process violation, we must find that the "evidence ... both possess[es] an exculpatory value that was apparent before the evidence was destroyed, and [is] of such a nature that the defendant would be unable to obtain comparable…