Harold B. Shamburger v. James Rowland, Director, California Department of Corrections

8 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold B. SHAMBURGER, Petitioner-Appellant, v. James ROWLAND, Director, California Department of Corrections, Respondent-Appellee. No. 92-15664. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1993. Decided Oct. 13, 1993. Before: POOLE, BOOCHEVER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Harold Shamburger, a California state prisoner, appeals the district court's dismissal of his habeas corpus petition challenging his conviction for first degree murder. Shamburger argued that his trial was fundamentally unfair because the trial court improperly admitted evidence concerning his involvement in a subsequent murder, and there was insufficient evidence to support his murder conviction under either a premeditation or a lying-in-wait theory. We have jurisdiction under 28 U.S.C. § 2253 and vacate and remand. 3 Shamburger was convicted of first degree murder and was sentenced to an…