John Walker v. George Deeds

976 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John WALKER, Petitioner-Appellant, v. George DEEDS, Respondent-Appellee. No. 91-16090. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 John Walker, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. 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. Background 3 Walker was arrested in October 1987 for stealing four bottles of cologne and four cartons of cigarettes from a convenience store in Las Vegas. He was charged with grand larceny, which, under Nevada law, elevates a misdemeanor petty larceny charge to a felony grand larceny charge if the…