Walter B. Myers v. Wayne Estelle, Warden, and Attorney General

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Walter B. MYERS, Petitioner-Appellant, v. Wayne ESTELLE, Warden, and Attorney General, Respondent-Appellee. No. 93-16053. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1994. Decided April 21, 1994. Before: SCHROEDER, D.W. NELSON and CANBY, CIRCUIT JUDGES. 1 MEMORANDUM * 2 Walter B. Myers, a California state prisoner, appeals the district court's denial of his habeas corpus petition. In his habeas petition, Myers contended that the trial court's admission of evidence of prior convictions violated due process. He argued that the trial court's failure to instruct the jury sua sponte on the use of deadly force to apprehend a fleeing felon also violated due process. We affirm the denial of the petition. DISCUSSION I. 3 Myers was arrested on December 12, 1984, when Bakersfield police responded to a call that a woman had been stabbed. When police responded to the scene, they found Betty…