Kenneth Albert Miller v. Jack McCormick Warden, Montana State Prison

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth Albert MILLER, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 92-35057. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Dec. 29, 1992. Before WALLACE, Chief Judges, and SKOPIL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Albert Miller appeals pro se the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (1988). He contends that the district court erred by rejecting his claims that (1) there was prejudicial pretrial publicity; (2) the evidence was insufficient to support his conviction; and (3) codefendant's recantation entitled him to a new trial. All of these contentions were presented to the state's highest court and rejected. See State v. Miller, 231 Mont. 497 , 757 P.2d 1275 (1988). We also reject them and accordingly, we affirm. DISCUSSION 1. Pretrial…