William Floyd Miller v. Lloyd F. Hames, Commissioner

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Floyd MILLER, Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner, Respondent-Appellee. No. 93-35388. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 13, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 William Floyd Miller, an Alaska state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. Miller contends that he was denied due process when the court failed to sever his trial from that of his co-defendant, Dwaine Chambers. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Chatman v. Marquez, 754 F.2d 1531, 1533-34 (9th Cir.), cert. denied, 474 U.S. 841 (1985), and affirm. 3 Improper joinder of parties in a criminal trial rises to the level of a constitutional violation only if it results in prejudice so great as to deny a defendant his right…