Terry Lee Todd v. Manfred Maass

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Lee TODD, Petitioner-Appellant, v. Manfred MAASS, Respondent-Appellee. No. 91-35308. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Terry Lee Todd, an Oregon state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for first degree robbery. Todd contends that the state trial court denied him a fair trial by (1) denying his motion to sever his trial from the trial of his codefendant and (2) refusing to dismiss a defective indictment. He also contends that the district court erred by refusing to permit him to withdraw three procedurally defaulted claims without prejudice and subsequently dismissing those claims with prejudice based on the finding that he did not establish cause and prejudice for the procedural default.…