Dale M. Gundersen v. Anchorage, Municipality of Anchorage Richard D. Kibby, Anchorage Municipal Attorney

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale M. GUNDERSEN, Petitioner-Appellant, v. ANCHORAGE, Municipality of Anchorage; Richard D. Kibby, Anchorage Municipal Attorney, Respondents-Appellees. No. 91-36165. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 20, 1992. Decided Aug. 28, 1992. Before HUG, D.W. NELSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Appellant Dale M. Gundersen raises two issues in this appeal from the district court's denial of his habeas corpus petition. First, Gundersen argues that the police violated the Due Process Clause of the Fourteenth Amendment by informing him of his state statutory right to obtain an independent blood test, but failing to inform him of his broader statutory rights to obtain any independent sobriety test he desired. Second, Gundersen argues that the jury instructions read at his trial relieved the prosecution of its burden of proving each element of his offense beyond a…