Owen Duane Nunnemaker v. Eddie S. Ylst, Warden

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Owen Duane NUNNEMAKER, Petitioner-Appellant, v. Eddie S. YLST, Warden, Respondent-Appellee. No. 93-15361. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 16, 1994. Decided April 1, 1994. Before: POOLE, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Owen Duane Nunnemaker appeals the district court's denial of his petition for a writ habeas corpus. He contends that the district court erred in concluding that he has failed to establish cause and prejudice to excuse his procedural default in the California state courts. We affirm. BACKGROUND 3 Nunnemaker was convicted of first degree murder in California state court. At trial, the State introduced the testimony of a psychiatrist who had interviewed Nunnemaker while he was in State custody to rebut psychiatric testimony Nunnemaker had introduced to establish a defense of diminished capacity. The State psychiatrist testified to his opinion,…