Daniel Silva v. B.J. Bunnell, Superintendent James Rowland Daniel Lungren

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel SILVA, Petitioner-Appellant, v. B.J. BUNNELL, Superintendent; James Rowland; Daniel Lungren, Respondents-Appellees. No. 90-56313. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 1, 1992. Filed Sept. 23, 1992. Decided Sept. 23, 1992. As Amended Dec. 7, 1992. 1 Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and PANNER, District Judge. * 2 MEMORANDUM ** 3 Petitioner, Daniel Silva, appeals a district court judgment dismissing his petition for a writ of habeas corpus. Petitioner contends that the evidence presented at his 1976 murder trial was insufficient to sustain a conviction. He also assigns as error the state trial court's refusal to grant a new trial based on (i) newly discovered evidence and (ii) police and prosecutorial misconduct. As an alternative to the issuance of a writ of habeas corpus, petitioner requests a new trial or an evidentiary hearing. We affirm the…