Leroy A. Stotts v. Peggy L. Kernan

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leroy A. STOTTS, Petitioner-Appellant, v. Peggy L. KERNAN, Respondent-Appellee. No. 93-16070. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1994. * Decided April 19, 1994. Before: SCHROEDER, D.W. NELSON, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Leroy A. Stotts ("Stotts"), a California state prisoner proceeding pro se, appeals the district court's denial of his petition for a writ of habeas corpus. Stotts was convicted of first degree murder, in violation of California Penal Code Sec. 187, and of use of a firearm, in violation of California Penal Code Sec. 12022.5, and was sentenced to 27 years to life in prison. Stotts challenges his conviction on the following grounds: prosecutorial misconduct in closing argument; improper admission of evidence of prior acts and statements by Stotts; improper admission of rebuttal evidence; insufficiency of the evidence; and failure of the…