Morales v. California Department Of Corrections

16 F.3d 1001 Jose Ramon MORALES, a/k/a Pablo Jose Ramon Morales, Petitioner-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; E.R. Meyers, Warden; Attorney General of the State of California; Board of Prison Terms, Respondents-Appellees. No. 92-56262. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1993 * . Submission Deferred July 19, 1993. Resubmitted Dec. 7, 1993. Decided Feb. 9, 1994. Jose R. Morales, pro per, petitioner-appellant. Robin M. Miller, Deputy Attorney General, Los Angeles, California, for the respondent-appellee. Appeal from the United States District Court for the Central District of California. Before: FLOYD R. GIBSON, ** HALL, and KLEINFELD, Circuit Judges. FLOYD R. GIBSON, Senior Circuit Judge: 1 Jose Morales appeals the district court's denial of his petition for a writ of habeas corpus. We affirm in part and reverse in part. I. BACKGROUND 2 In 1971, Morales was convicted for the first degree murder of his girlfriend. When she was found, it was discovered that her thumb had been cut off. After being transferred to a half-way house in April 1980, he married a woman who had visited him during his incarceration. In May, Morales was paroled;…