Roger Einstein Hayward v. Salvador Godinez

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roger Einstein HAYWARD, Petitioner-Appellant, v. Salvador GODINEZ, Respondent-Appellee. No. 93-16252. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 10, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Roger E. Hayward, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm in part, reverse in part, and remand. 3 * Background 4 In 1982, a jury convicted Hayward of three counts of lewdness with a minor and one count of sexual assault. Hayward was sentenced to life imprisonment for the sexual assault and ten-year concurrent terms of imprisonment on each of the other counts. Hayward did not file a direct appeal of his conviction. In January 1988, Hayward filed a petition for a writ of habeas corpus…