Douglas Slade Elliott v. James P. Roland

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas Slade ELLIOTT, Petitioner-Appellant, v. James P. ROLAND, Respondent-Appellee. No. 89-55866. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided Dec. 23, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Douglas Slade Elliott appeals the district court's denial of his habeas petition. We reverse and remand. 3 * Elliott was convicted of murder, kidnapping and robbery following a jury trial in California state court. The California Court of Appeal affirmed his conviction and sentence. 4 Elliott filed a pro se habeas petition with the California Supreme Court which was denied. Elliott then filed a habeas petition with the district court, in which he alleged that he had exhausted his state remedies. 5 In its return, the state alleged that it was unable to verify the filing of Elliott's state habeas petition in its own records or in those of the…