Paul Julian Maney v. Carlton Zenon

978 F.2d 715 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul Julian MANEY, Petitioner-Appellant, v. Carlton ZENON, Respondent-Appellee. No. 91-36040. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1992. Decided Nov. 6, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Paul Julian Maney was convicted in Oregon state court of aggravated murder, for the death of Ronald Pagnano. The indictment alleged that Maney shot a "witness in a criminal proceeding," in violation of O.R.S. 163.095(2)(a)(E). A jury found him guilty. He was sentenced to life imprisonment and received an enhanced penalty for the aggravated murder conviction. On direct appeal, defendant asserted that the murder victim was not, in fact, a "witness in a criminal proceeding" within the meaning of the statute because, at the time of his death, the victim was not serving as a witness, had not been subpoenaed to testify, nor was there any…