Dwight Emmett McGunnigle v. William Callahan

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwight Emmett McGUNNIGLE, Petitioner-Appellant, v. William CALLAHAN, Respondent-Appellee. No. 91-36178. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 27, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Dwight Emmett McGunnigle, a Washington state prisoner, appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for second degree murder. McGunnigle contends that the district court erred by finding that the trial court's erroneous jury instructions on felony murder did not deny him due process. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 3 We review de novo the denial of a habeas petition. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). To prevail on a claim of improper jury instructions, the petitioner must show that the instructions violated state law and that they rendered…