Earnest Lee Ruff v. Larry Kincheloe

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Earnest Lee RUFF, Petitioner-Appellant, v. Larry KINCHELOE, Respondent-Appellee. No. 91-36010. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 1, 1993. Decided Aug. 3, 1993. Before WRIGHT, CANBY and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Earnest Ruff brought a habeas petition in federal court to challenge his state convictions on one count of first-degree arson and two counts of felony murder. Ruff argued that a presumed intent instruction, which state officials admit is unconstitutional, tainted the jury's verdict. The district court denied Ruff's petition without a hearing on the ground that the error was harmless. We reversed and remanded for a review of the entire state court record. Ruff v. Kincheloe, 843 F.2d 1240, 1243 (9th Cir.1988) (Ruff I ). After completing that review, the district court again denied the petition on the basis of harmless error. We affirm. 3 * In 1974…