Jackie Wayne Johnson v. Roger W. Crist, Warden Grant Woods, Attorney General for the State of Arizona

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jackie Wayne JOHNSON, Petitioner-Appellant, v. Roger W. CRIST, Warden; Grant Woods, Attorney General for the State of Arizona, Respondents-Appellees. No. 92-15665. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 8, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Jackie Wayne Johnson, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Johnson was convicted for theft and trafficking in stolen property. 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 Default 3 Johnson's first contention is that the district court incorrectly determined that his claim of ineffective assistance of trial counsel in failing to develop a theory of the defense…