Jerry M. Wilson v. Lloyd F. Hames, Commissioner of Corrections, State of Alaska

Good Law
24 F.3d 252·1994 WL 192243·1994 U.S. App. LEXIS 18990
United States Court of Appeals for the Ninth CircuitMay 17, 199493-35149California1,257 words

Opinion

Opinion

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry M. WILSON, Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner of Corrections, State of Alaska, Respondent-Appellee. No. 93-35149. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 17, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jerry M. Wilson, an Alaska state prisoner, appeals the dismissal of his 28 U.S.C. Sec. 2254 petition. Wilson was convicted in Fairbanks of a felony assault committed in Delta Junction. He claimed in his Sec. 2254 petition and contends on appeal, that the district court erred by finding that the Sixth Amendment was not violated in the application of the Alaska state venue rule and that he waived his right to request a change of venue by failing to object until the morning of trial. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2253. We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and…

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