Jose L. Agredano v. Al Gomez, Warden

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose L. AGREDANO, Petitioner-Appellant, v. Al GOMEZ, Warden, Respondent-Appellee. No. 93-16637. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1994. Decided Sept. 1, 1994. 1 Before: LEAVY and KLEINFELD, Circuit Judges, and MARSH. * 2 MEMORANDUM ** 3 Agredano's claim that the prosecution improperly referred to his failure to testify at trial is based on the following statement: 4 What are you gonna say next? Well, we'll say is was self defense. What else are you going to say? They certainly didn't have the honor and decency to call up the police and tell them what they did.... 5 They've got to get another witness. That's what they got to do.... One of the main reasons they got a get another witness is because if they just call up the police at that point and say "Hey, something I want to tell you. You know that body you found out on Empire Mine Road? I was there when the shooting went…