James M. Johnson v. William Duncan, Warden Attorney General of California

26 F.3d 131 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James M. JOHNSON, Petitioner-Appellant, v. William DUNCAN, Warden; Attorney General of California, Respondents-Appellees. No. 93-56329. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided May 27, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 James Johnson appeals pro se the district court's denial of his petition for writ of habeas corpus. Johnson contends, first, that the evidence was insufficient to support his conviction of second-degree murder and, second, that the admission of prior testimony violated his Sixth Amendment rights. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 We review de novo the district court's denial of a petition for writ of habeas corpus. Taylor v. Kincheloe, 920 F.2d 599, 601 (9th Cir.1990). 4 * Facts 5 Johnson was in a fight involving eight or nine young men outside of Banning High School on April 23,…