William L. Stephens v. Robert G. Borg John Van De Kamp

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William L. STEPHENS, Petitioner-Appellant, v. Robert G. BORG; John Van De Kamp, Respondents-Appellees. No. 93-16170. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 William L. Stephens, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. Stephens contends that he involuntarily waived his constitutional right to a jury trial, and that the trial court erred by permitting the prosecution to proceed under a theory of felony murder by arson. We have jurisdiction under 28 U.S.C. Sec. 2253 and affirm. 3 We review de novo the district court's decision to deny a petition for habeas corpus. Brown v. Burns, 996 F.2d 219, 220 (9th Cir.1993). We review for clear error the district court's…