Billy Bowling Stevenson 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Billy Bowling STEVENSON, Petitioner-Appellant, v. Robert G. BORG, et al., Respondent-Appellee. No. 93-56104. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1994. Decided Aug. 15, 1994. Before: D.W. NELSON, BEEZER, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Petitioner-Appellant, Billy Bowling Stevenson, appeals the district court's dismissal of his habeas petition. Stevenson claims that the trial court committed reversible error when it erroneously instructed the jury that it could find Stevenson guilty of first degree murder based on a felony-murder theory. 3 The State concedes that because petitioner was not charged with felony-murder and because he could not have been convicted under the felony-murder statute, the felony-murder instruction was erroneous. 1 The state trial judge admitted error, but ruled that it was harmless. The district court agreed that the error was harmless. 4…