Glen Edward Cornist v. John Ratelle, Warden, and the Attorney General of the State of California

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Glen Edward CORNIST, Petitioner-Appellant, v. John RATELLE, Warden, and the Attorney General of the State of California, Respondents-Appellees. No. 92-55751. United States Court of Appeals, Ninth Circuit. Submitted March 4, 1993. * Decided May 13, 1993. Before: D.W. NELSON, WIGGINS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Glen Edward Cornist (Cornist), the former owner/operator of several halfway houses for state prisoners, appeals the district court's denial of his habeas corpus petition stemming from his conviction of one count each of attempted murder without premeditation and assault with a firearm in the shooting of Barbara Cornist (Barbara), his ex-wife and business partner. We AFFIRM. I. Reasonable Diligence 3 The state trial court decided to allow Barbara's preliminary hearing testimony to be read to the jury because it found she was "unavailable" as a witness under Cal.Evid.Code § 240(a)(5). We…