Harvey William Harper v. James Rowland, Director Attorney General of the State of California

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harvey William HARPER, Petitioner-Appellant, v. James ROWLAND, Director; Attorney General of the State of California, Respondents-Appellees. No. 91-56131. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1993. * Decided July 9, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Harvey William Harper, a former Los Angeles County Deputy District Attorney, was convicted of attempted incest and committing lewd acts upon a child. He was sentenced to 14 years imprisonment. The district court denied his petition for habeas corpus. We affirm. 3 Harper first claims that he was denied due process by the government's failure to record interviews that took place with Harper's wife and daughter. However, while the government may not in bad faith destroy recordings of interviews, it is under no duty to record interviews in the first instance. Miller v. Vasquez, 868 F.2d…