Philip K. Sadowski v. Jack McCormick Warden, Montana State Prison

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Philip K. SADOWSKI, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee. No. 92-35359. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1993. Decided July 8, 1993. Before WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Philip K. Sadowski, a Montana state prisoner, appeals from the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254 . He contends that he is entitled to a new trial because he was deprived of his right to due process as a result of prosecutorial misconduct, the admission of evidence of a prior bad act, and the failure of the investigating officers to preserve evidence that may have supported his theory of self defense. We review de novo the denial of a petition for habeas corpus. Torrey v. Estelle, 842 F.2d 234, 235 (9th Cir.1988). We affirm because we conclude that the record does not…