Guy Eugene Alford, Sr. v. E.R. Myers, Warden

Good Law
5 F.3d 534·1993 WL 326369·1993 U.S. App. LEXIS 30280
United States Court of Appeals for the Ninth CircuitAugust 25, 199393-15288California802 words

Opinion

Opinion

5 F.3d 534 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Guy Eugene ALFORD, Sr., Petitioner-Appellant, v. E.R. MYERS, Warden, Respondent-Appellee. No. 93-15288. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 25, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Guy Eugene Alford, Sr. appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for second degree murder. Alford contends the district court violated his due process rights by instructing the jury to reach a verdict on second degree murder before reaching a verdict on voluntary manslaughter. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review de novo a district court's decision on questions of law presented in a habeas petition, Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991), and we affirm. 3 In collateral proceedings involving erroneous jury…

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