James Michael Thurman v. Robert G. Borg

33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Michael THURMAN, Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 93-15330. United States Court of Appeals, Ninth Circuit. Submitted Aug. 8, 1994. * Decided Aug. 10, 1994. Before: NORRIS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 A jury convicted James Michael Thurman of first degree murder, use of a deadly weapon, grand theft person, and felony dissuasion of a witness. Thurman appealed to the California Court of Appeal, which affirmed his conviction and sentence. Thurman then filed two state habeas petitions, one in the state court of appeal and the other in the state supreme court. Both state petitions were denied. 3 Thurman then filed a petition for habeas relief in federal district court, arguing: 1) the trial court erred by failing to instruct on second degree murder and manslaughter; 2) Thurman was denied his right to trial by jury because the trial court did not clarify…