John Joseph Queen v. William Duncan, Warden

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Joseph QUEEN, Petitioner-Appellant, v. William DUNCAN, Warden, Respondent-Appellee. No. 93-55984. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 10, 1994. Before: WALLACE, Chief Judge, and HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Joseph Queen, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for attempted second degree murder. He contends the jury instructions violated his right to due process and appellate counsel rendered ineffective assistance. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Jury Instructions 3 Queen contends his due process rights were violated when the trial judge erred in failing to issue California Jury…