Brian Morton Freeman v. Roger Crist
Opinion
Opinion
24 F.3d 246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian Morton FREEMAN, Petitioner-Appellant, v. Roger CRIST, Respondent-Appellee. No. 93-15758. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1994. * Decided May 5, 1994. 1 Before: SCHROEDER, D.W. NELSON, and CANBY Circuit Judges. 2 MEMORANDUM ** 3 On January 22, 1986, Petitioner, Brian Morton Freeman, was convicted of one count of kidnapping and seven counts of sexual assault and sentenced to 42 years in prison. Freeman appealed his sentence and conviction on nine grounds. The Arizona Court of Appeals affirmed and the Arizona Supreme Court denied review. Subsequently, Freeman tried to obtain state post-conviction relief alleging ineffective assistance of counsel for failure to call material witnesses and a due process violation based on his claim that he had been drugged during his trial. After conducting an evidentiary hearing, the trial court concluded that Freeman's claims lacked merit.…