Sherman P. Hawkins v. Jack McCormick Warden, Montana State Prison

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sherman P. HAWKINS, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 92-35180. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1993. * Decided Jan. 14, 1993. 1 Before FARRIS and KLEINFELD, Circuit Judges, and EZRA ** , District Judge. 2 MEMORANDUM *** 3 In this habeas corpus petition, Sherman Hawkins, convicted of escape and assault, cites a number of alleged errors in his trial and sentencing. Hawkins complains that: (1) his right to be free of double jeopardy was violated, (2) the police conducted an illegal search and seizure, (3) his counsel was ineffective, (4) the application of a case decided after his arrest violated the Ex Post Facto Clause, (5) he was charged with a misdemeanor, but convicted of a felony, (6) the trial judge erroneously sentenced him as a persistent and dangerous offender, (7) the prosecutor's opening remarks deprived…