Daniel Contreras Jacquez v. James Rowland

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Contreras JACQUEZ, Petitioner-Appellee, v. James ROWLAND, Respondent-Appellant. No. 93-16920. United States Court of Appeals, Ninth Circuit. Submitted Jan. 14, 1994. * Decided Feb. 28, 1994. 1 Before: SCHROEDER, NOONAN, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 Respondent appeals the district court's decision to grant Daniel Contreras Jacquez' petition for writ of habeas corpus. The district court granted Jacquez' petition on the grounds that the state trial court violated Jacquez' due process rights when it erroneously instructed the jury on voluntary manslaughter and failed to sua sponte instruct the jury on involuntary manslaughter. We reverse. 4 On January 9, 1987, Daniel Contreras Jacquez was charged with murder and use of a deadly weapon in the course of that offense, in violation of California Penal Code sections 187 and 12022(b). At his jury trial, Jacquez introduced evidence…