David Matthew Tucker v. Michael Tickett, Warden, California Institution for Men

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Matthew TUCKER, Petitioner-Appellant, v. Michael TICKETT, Warden, California Institution for Men, Respondent-Appellee. No. 91-55945. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 David Matthew Tucker, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Tucker was convicted by jury trial of voluntary manslaughter, attempted voluntary manslaughter, and assault with a deadly weapon. He contends that the state trial court denied him due process by excluding, pursuant to Cal.Evid.Code § 352, evidence regarding his voluntary surrender to police the day after the shooting. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and affirm. 3 A…