James Garcia Montano v. Charles Ryan

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Garcia MONTANO, Petitioner-Appellant, v. Charles RYAN, et al., Respondent-Appellee. No. 91-16677. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Nov. 16, 1992. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner, James Garcia Montano, incarcerated at the Arizona State Prison complex at Winslow, Arizona, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 , alleging the state court violated his due process right to present a defense when it refused to provide funds to enable his attorney to travel to California to depose psychiatrists who had treated him in the past. The district court denied the petition. We affirm. 3 "[A] criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the…