Steven Harold Erikson v. James R. Rowland

991 F.2d 803 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven Harold ERIKSON, Petitioner-Appellant, v. James R. ROWLAND et al., Respondent-Appellees. No. 92-55371. United States Court of Appeals, Ninth Circuit. Submitted Feb. 4, 1993. * Decided April 26, 1993. 1 Before HUG and O'SCANNLAIN, Circuit Judges, and SEDWICK, ** District Judge. 2 MEMORANDUM *** 3 A state court jury convicted appellant of committing first degree murder with aggravating special circumstances. After exhausting state remedies, appellant petitioned the district court for a writ of habeas corpus arguing that he should be given a new trial to correct alleged acts of juror misconduct. A magistrate judge recommended that the petition be denied, and the district court adopted the recommendation. Appellant appealed the decision to this court and simultaneously filed a request for a certificate of probable cause. We certified probable cause on April 22, 1992. We have jurisdiction pursuant to 28 U.S.C.…