Michael Gene Elmore v. B.J. Bunnell, Warden

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Gene ELMORE, Petitioner-Appellant, v. B.J. BUNNELL, Warden, et al., Respondents-Appellees. No. 92-16269. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Gene Elmore (Elmore) appeals the district court's denial of his habeas petition. He is a California state prisoner convicted of first degree murder, three counts of forcible rape, three counts of lewd and lascivious conduct with a minor, one count of penetration with a foreign object and one count of false imprisonment. He is serving a forty-six year sentence. 3 Elmore challenges the constitutionality of his conviction contending that: (1) he was denied due process because the trial transcripts for several days of voir dire are missing and prosecutorial misconduct occurred during that period; (2) he was denied due process because…