Kenneth Andrew Friedman v. Jack McCormick

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth Andrew FRIEDMAN, Petitioner-Appellant, v. Jack McCORMICK, Respondent-Appellee. No. 91-35856. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 28, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth A. Friedman, a Montana state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Friedman was convicted by guilty plea for sexual intercourse without consent and aggravated assault. He was sentenced to consecutive sentences of 20 years for each count. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm in part, reverse in part, and remand for an evidentiary hearing and appointment of counsel. Evidentiary Hearing 3 Friedman's only assignment of error is that the district court erred by dismissing his…