Eric William Zessman v. George Sumner

995 F.2d 235 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric William ZESSMAN, Petitioner-Appellant, v. George SUMNER, Respondent-Appellee, No. 91-15386. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1993. * Decided May 27, 1993. 1 Before: CANBY and BRUNETTI, Circuit Judges, and WILSON, ** District Judge. 2 MEMORANDUM *** FACTS AND PROCEEDINGS BELOW 3 Zessman was arrested and held on an open murder charge for the death of his infant son. At the arraignment, the trial judge stated that the open murder Information charged second degree murder. However, the trial judge revised his opinion just prior to trial, concluding that the Information also charged first degree murder. Zessman's co-defendant then moved to continue the trial to allow time to prepare a defense against the first degree charge. The trial judge denied the motion and the jury subsequently convicted Zessman of first degree murder. 4 On appeal, the Nevada Supreme Court modified the first…