Kevin Fuqua v. James Rowland

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin FUQUA, Petitioner-Appellant, v. James ROWLAND, Defendant-Appellee. No. 93-15049. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Nov. 15, 1993. 1 Before: D.W. NELSON and NORRIS, Circuit Judges, and BELLONI, Senior District Judge ** 2 MEMORANDUM *** 3 Petitioner, Kevin Fuqua, appeals a district court judgment dismissing his petition for a writ of habeas corpus. Following a trial in Sacramento County Superior Court in 1988, petitioner was convicted on charges of murder and personal use of a firearm. He contends that he was denied a fair trial based on the prosecution's refusal to grant use immunity to a witness whose testimony was potentially exculpatory. We affirm the judgment of the district court. FACTS AND PROCEDURAL HISTORY 4 I. The murder conviction. 5 On May 5, 1987, at approximately 12:14 a.m., officers of the Sacramento Police Department discovered the body of Louis…