Melvin Derrick Brown v. Edward Myers John K. Van De Kamp, Esq., Attorney General

993 F.2d 881 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Melvin Derrick BROWN, Petitioner-Appellant, v. Edward MYERS; John K. Van De Kamp, Esq., Attorney General, Respondents-Appellees. No. 91-55228. United States Court of Appeals, Ninth Circuit. Submitted March 1, 1993. * Decided May 6, 1993. Before SCHROEDER, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Brown was convicted in California state court of attempted first-degree murder and sentenced to life plus three years, with the possibility of parole. He appeals pro se the district court's denial of his petition for writ of habeas corpus, contending that he received ineffective assistance from his court-appointed counsel both at trial and on direct appeal. We vacate and remand. 3 Brown argues primarily that his trial counsel was ineffective in failing to call known alibi witnesses to testify in his behalf. The district court adopted the magistrate's finding that Brown had made only "conclusory…