Fred Ray Nesbit v. Daniel McCarthy Director

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred Ray NESBIT, Petitioner-Appellant, v. Daniel MCCARTHY, Director, Defendant-Appellee. No. 91-16945. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1992. * Decided Jan. 4, 1993. Before GOODWIN, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Fred Ray Nesbit appeals the district court's denial of his petition for a writ of habeas corpus. Nesbit was convicted of one count of second degree murder in California state court. He argues that the trial court violated his due process rights by admitting "gunshot signature" evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and § 2253, and we affirm. 3 * Nesbit and his wife, Rebecca Nesbit ("Rebecca"), separated in January 1985. A dispute over the ownership of two horses subsequently developed between Nesbit and Rebecca. On March 27, 1985, Rebecca and her lover, Donald Hallock, moved the horses from Nesbit's property. That…