Jan Oliver Brewer v. B.J. Bunnell, Warden Attorney General of the State of California

996 F.2d 1223 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jan Oliver BREWER, Petitioner-Appellant, v. B.J. BUNNELL, Warden; Attorney General of the State of California, Respondents-Appellees. No. 91-56057. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. Decided June 14, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jan Oliver Brewer, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for one count of first degree murder and two counts of attempted murder. Brewer contends that the district court erred by denying his habeas petition without an evidentiary hearing. We review de novo the district court's decision on a habeas petition. Ortberg v. Moody, 961 F.2d 135, 147 (9th Cir.), cert. denied, 113 S.Ct. 225 (1992). We have jurisdiction under 28 U.S.C. § 2253 , and we vacate and remand. 3 Brewer appears to contend…