Bobby Joe Birden v. R.G. Borg

995 F.2d 230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bobby Joe BIRDEN, Petitioner-Appellant, v. R.G. BORG, Respondent-Appellee. No. 91-16035. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1992. Decided May 26, 1993. Before: SCHROEDER, NORRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 On February 23, 1981, Bruce Rhodes was shot and killed in San Francisco. His wife, Iris Rhodes, was shot and wounded. On February 26, 1981, Iris Rhodes was shown twelve photographs, including Birden's, and she identified Birden as the assailant. On September 16, 1981, a jury convicted Birden of murder, attempted murder, and robbery. The California Court of Appeal affirmed the judgment of the trial court, and Birden's petition for review in the California Supreme Court was denied, as was his habeas corpus petition to the California Supreme Court. On June 3, 1991, the United States District Court for the Northern District of California denied Birden's…