Oscar Archie Clifton v. Wayne Estelle

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Oscar Archie CLIFTON, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 94-15068. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. MEMORANDUM ** Oscar Archie Clifton, a California state prisoner, appeals pro se the denial of his second 28 U.S.C. Sec. 2254 habeas corpus petition challenging his 1976 conviction, after a jury trial, for first-degree murder. The district court denied the petition on the ground that the claims presented were either successive or constituted an abuse of the writ. Clifton contends that his conviction is invalid because (1) the state suppressed a tape-recorded interview with a potential alibi witness, Brent Trueblood, in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) a written record that Clifton refused to waive his Miranda rights should have foreclosed the…