Herman Parrish v. Midge Carroll, Warden, and A.A. Gomez, Warden

17 F.3d 395 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Herman PARRISH, Petitioner-Appellant, v. Midge CARROLL, Warden, Respondent, and A.A. Gomez, Warden, Respondent-Appellee. No. 90-56297. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1993. * Decided Feb. 17, 1994. Before: FLETCHER, POOLE and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Herman Parrish appeals the district court's denial of his first federal habeas corpus petition. Parrish argues his convictions are constitutionally flawed because: (1) the state trial court gave erroneous jury instructions; (2) the state trial court improperly admitted into evidence out of court statements he made to police; (3) the prosecutor improperly used peremptory challenges to exclude black persons from the jury; (4) his attorneys at trial and on direct appeal gave him ineffective assistance; and (5) there is insufficient evidence to sustain his conviction. 3 The district court had…