Charles Cole v. Louis Easter, Superintendent, Spring Creek Correctional Center, State of Alaska

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles COLE, Petitioner-Appellant, v. Louis EASTER, Superintendent, Spring Creek Correctional Center, State of Alaska, Respondent-Appellee. No. 93-35263. United States Court of Appeals, Ninth Circuit. Submitted Feb. 1, 1994. * Decided Feb. 3, 1994. Before: WRIGHT, REAVLEY, ** and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Charles Cole was convicted of first degree murder as an accomplice, felony murder and robbery. The district court denied his habeas corpus claims that his trial was fundamentally unfair and that the evidence against him was insufficient. He appeals. We affirm. 3 We review de novo the denial of a petition for habeas corpus. Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 S.Ct. 1818 (1993). 4 1. Dismissal of Habeas Petition for Failure to Exhaust 5 Alaska argues that Cole's petition contains an unexhausted claim and should be dismissed. See Rose v. Lundy, 455 U.S.…