Darrel M. Emra v. Manfred Maass, Superintendent, Oregon State Penitentiary

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darrel M. EMRA, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 92-35092. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1993. Decided July 21, 1993. 1 Before: PREGERSON and KLEINFELD, Circuit Judges; LEGGE, District Judge * 2 MEMORANDUM ** 3 Petitioner appeals the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2254 . His petition asserted two grounds for relief: 1) the state trial court erred when it instructed the jurors to consider lesser included offenses only if they were unable to agree on the greater offense charged; and 2) ineffective assistance of counsel--specifically, failure to object to the allegedly erroneous jury instruction, and failure to object that the verdict was not supported by sufficient evidence. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and…