Robert Franco v. Eddie R. Myers, Warden Attorney General of the State of California

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert FRANCO, Petitioner-Appellant, v. Eddie R. MYERS, Warden; Attorney General of the State of California, Respondents-Appellees. No. 91-56203. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1992. Decided July 23, 1993. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Franco was convicted in state court of robbing a grocery store. He petitioned for a writ of habeas corpus, lost, and appeals. He challenges: (1) the district court's finding that the exclusion of the testimony of the driver of the getaway car was harmless, and (2) the district court's finding that any error the trial court made in introducing his un-Mirandized admission that his nickname was "Shady" was harmless. 3 As the police officer prepared the booking report, he asked Franco if he had any nicknames. Franco answered, "Shady," and ultimately that was tied to testimony which tended to identify…