Timothy J. Leon v. Midge Carroll, Warden

Good Law
980 F.2d 737·1992 WL 354581·1992 U.S. App. LEXIS 35486
United States Court of Appeals for the Ninth CircuitNovember 27, 199292-15405California1,248 words

Opinion

Opinion

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy J. LEON, Petitioner-Appellant, v. Midge CARROLL, Warden, Respondent-Appellee. No. 92-15405. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 27, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Timothy J. Leon ("Leon") appeals the district court's denial of his petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We affirm. I. BACKGROUND 3 Leon was convicted of first degree murder in the Superior Court of the State of California for the County of Madera. At Leon's trial, Timothy Meyer testified for the prosecution. Initially, Meyer was also charged with second degree murder. Meyer, however, entered into a plea agreement with the government. In return for his testimony against Leon, his charge was reduced to assault with intent to commit grave bodily harm. This agreement was fully…

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