Nathaniel James v. Robert G. Borg, Warden Attorney General of California

Opinion by Judge WIGGINS.

Nathaniel James is a state prisoner who petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . He appeals from a district court’s order denying his petition and dismissing it with prejudice. Petitioner challenges his state murder conviction primarily on the ground that his Sixth Amendment right to be informed of the nature and cause of the charge was violated. Petitioner also asserts that his Sixth Amendment right to receive effective assistance of counsel at trial was denied and that his Fifth Amendment right against self-incrimination was violated. He seeks a retrial. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

i.

On December 4, 1981, petitioner cruised the Beverly Hills area in a stolen van, drinking alcohol, using drugs and stealing women’s purses. The next day petitioner announced to his cohorts that he would show them “how to do a real robbery.” Petitioner approached a parked car in which Lev and Rima Pikas were sitting. Petitioner was wearing a short-sleeved shirt. Pointing a gun at Lev Pikas, petitioner demanded money. He then shot both Lev and Rima Pikas. Lev Pikas gave petitioner two blood-stained $20 bills.…