Dianne Lee Fellman v. Sue Poole, Warden
Opinion
Opinion
33 F.3d 58 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dianne Lee FELLMAN, Petitioner-Appellant, v. Sue POOLE, Warden, Respondent-Appellee. No. 93-16614. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided Aug. 19, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Dianne Fellman was convicted of murdering her husband, Elroy Fellman. She petitioned for habeas corpus relief in district court, alleging errors of prosecutorial misconduct, ineffective assistance of counsel, and judicial coercion of the jury by a threat of sequestration. The district court denied her petition. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we affirm. I. 3 Petitioner alleges five instances of prosecutorial misconduct. The standard of review on habeas corpus is whether a prosecutor's improper conduct " 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.' "…