Robert Barker, Jr. v. John Ratelle, Warden

Good Law
34 F.3d 1071·1994 WL 461649·1994 U.S. App. LEXIS 32061
United States Court of Appeals for the Ninth CircuitAugust 25, 199493-56002California3,207 words

Opinion

Opinion

34 F.3d 1071 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert BARKER, Jr. Petitioner-Appellant, v. John RATELLE, Warden, Respondent-Appellee. No. 93-56002. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided Aug. 25, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, ** District Judge. 2 MEMORANDUM *** 3 Robert Barker appeals pro se the district court's denial of his pro se petition for a writ of habeas corpus. Barker argues that his California first-degree murder conviction was secured in violation of his constitutional rights to a speedy trial, to due process, and to effective assistance of trial and appellate counsel. 4 We have jurisdiction to hear Barker's timely appeal pursuant to 28 U.S.C. Sec. 1291 , and we affirm. FACTS AND PROCEDURAL HISTORY 5 At about 2:00 a.m. on April 6, 1985, Barker's friend Larry Carranza was driving home when he fell asleep at the wheel and veered into Walter Schumacher's parked and…

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