Gary Michael Mulcahy v. Vernon Smith, Warden

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Michael MULCAHY, Petitioner-Appellant, v. Vernon SMITH, Warden; et al., Respondents-Appellees. No. 92-15813. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 17, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Michael Mulcahy, 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 in part, reverse in part, and remand. Procedural Bar 3 Mulcahy contends that the district court erred in determining that six of his seven claims were procedurally barred. Mulcahy raised the following claims in his petition: 1) juror misconduct; 2) improper jury instruction; 3) failure to instruct on particular elements and defenses; 4) prosecutorial…