Dwight D. Wimbley v. Robert Borg, Warden

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwight D. WIMBLEY, Petitioner-Appellant, v. Robert BORG, Warden, Respondent-Appellee. No. 91-56003. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Jan. 19, 1993. Before TANG, PREGERSON and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Dwight Wimbley appeals from the district court's denial of his state prisoner habeas corpus petition. Wimbley contends he was denied his due process right to a fair trial by the admission of inculpatory automated teller machine (ATM) slips into evidence without first allowing him adequate time to prepare a defense. Wimbley also contends he was denied effective assistance of counsel because his attorney failed to offer documentary evidence that Wimbley's true blood type is B+, but the Sheriff Department's crime laboratory reported it as O. We review the district court's denial of the writ de novo. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991).…