Robert E. White v. John Avenetti, Warden and Robert Corbin, Arizona Attorney General

Good Law
967 F.2d 596·1992 WL 138652·1992 U.S. App. LEXIS 24588
United States Court of Appeals for the Ninth CircuitJune 18, 199291-16510California1,622 words

Opinion

Opinion

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert E. WHITE, Petitioner-Appellant, v. John AVENETTI, Warden; and Robert Corbin, Arizona Attorney General, Respondents-Appellees. No. 91-16510. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1992. * Decided June 18, 1992. Before BOOCHEVER, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Robert E. White is a state prisoner now incarcerated at Douglas, Arizona. He appeals pro se the district court's denial and dismissal of his petition for a writ of habeas corpus challenging his conviction for second degree burglary, sexual assault, and the lesser included offense of assault. He raises four arguments for appellate review. He claims he was denied a fair trial, that the photographic lineup was unduly suggestive and that the prosecutor committed misconduct. 1 We affirm. BACKGROUND 3 Tammie Ellmer ("Ellmer") left her son with the Trujillos, who were baby-sitting him. Robert E. White…

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