Ronald Hayward v. James Rowland

978 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald HAYWARD, Petitioner-Appellant, v. James ROWLAND, et al., Respondents-Appellees. No. 91-56094. United States Court of Appeals, Ninth Circuit. Submitted Aug. 19, 1992. * Decided Nov. 4, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Hayward, convicted in state court of second-degree murder, appeals pro se the denial in district court of his petition for a writ of habeas corpus. He makes three arguments on appeal: first, that his due process rights were violated because one of the prosecution's theories of second-degree murder was not supported by sufficient evidence; second, that he was denied effective assistance of counsel because his attorney failed to request that certain items be included in the record on appeal; and third, that one of the district court's jury instructions improperly shifted the burden of persuasion from the prosecution to him on the…