Trevor Michael Edwards v. Robert Borg, Warden Attorney General of the State of California

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Trevor Michael EDWARDS, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General of the State of California, Respondents-Appellees. No. 91-56416. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 16, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Trevor Michael Edwards, a California 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. 3 Edwards contends that the district court erred in determining that Barrington Hibbert, a witness at Edwards's first trial, was unavailable to testify at the second trial and therefore there was no sixth amendment violation in reading his testimony from the first trial into the record. The trial court found that…