Kwan Fai Mak, Petitioner-Appellee/cross/appellant v. James Blodgett, Superintendent, Washington State Penitentiary at Walla Walla, Respondent-Appellant/cross/appellee

972 F.2d 1340 61 USLW 2128 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kwan Fai MAK, Petitioner-Appellee/Cross/Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary at Walla Walla, Respondent-Appellant/Cross/Appellee. Nos. 91-35256, 91-35615. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 24, 1992. Decided July 16, 1992. Before BROWNING, TANG and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 In this memorandum, we discuss and reject contentions raised in Mak's cross-appeal on grounds that do not merit publication. 3 * ARGUMENTS CONCERNING THE GUILT PHASE OF THE TRIAL 4 A. WAS MAK DEPRIVED OF THE RIGHT TO PRESENT A DEFENSE BY THE TRIAL COURT'S REFUSAL TO ADMIT EVIDENCE OF THE POSSIBLE INVOLVEMENT OF HING WONG? 5 The refusal of the trial court to admit circumstantial evidence that Hing Wong, a third party, and Ben Ng, Mak's co-defendant, had planned the massacre did not violate Mak's Eighth and Fourteenth Amendment rights.…