William T. Johnson v. Lloyd F. Hames, Commissioner

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William T. JOHNSON, Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner, Respondent-Appellee. No. 93-35475. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 15, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 William T. Johnson, convicted of extreme-indifference second-degree murder by an Alaska state court, appeals the district court's denial of his petition for habeas corpus. Johnson asserts the trial court's jury instructions omitted an essential element of the offense, subjective awareness of risk, thus depriving him of due process of law. 3 We affirm. Under Alaska law, the trial court's initial and supplementary instructions to the jury that to convict Johnson of second-degree murder they had to find he acted with "extreme indifference to the value of human life" adequately expresses the calculus used to assess recklessness, and a…