Richard Navarro v. Jerry Stainer, Warden

Good Law
9 F.3d 1552·1993 WL 438739·1993 U.S. App. LEXIS 36135
United States Court of Appeals for the Ninth CircuitOctober 28, 199392-55829California3,387 words

Opinion

Opinion

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard NAVARRO, Petitioner-Appellant, v. Jerry STAINER, Warden, Respondent-Appellee. No. 92-55829. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1993. * Decided Oct. 28, 1993. Before: FLETCHER, POOLE and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 State prisoner Richard Navarro appeals the district court's denial of his first federal habeas corpus petition. Navarro argues his state convictions and sentences are flawed because: (1) his sentence for forcible sexual penetration with a foreign object, imposed pursuant to California Penal Code ("Code") § 667.6(c), violates due process and constitutional prohibitions against double jeopardy; (2) his conviction for forcible sexual penetration with a foreign object is based on insufficient evidence; (3) the state trial court's jury instructions violate due process; (4) the state trial court's refusal to allow juror questioning of witnesses…

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