Thomas Frederick Krantz v. Jack McCormick Warden, Montana State Prison

990 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Frederick KRANTZ, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 92-36848. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 5, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Frederick Krantz, a Montana state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Krantz contends that his due process right to a fair trial was violated because the jury verdict was not unanimous and that Montana R.Evid. 606(b) should not be used to bar evidence that his jury was not unanimous. 1 We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. 3 A federal court deciding a habeas case of a state prisoner can only review whether the prisoner's…