Jacek Jerzy Gabryelski v. Vernon Smith, Warden Attorney General of California

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jacek Jerzy GABRYELSKI, Petitioner-Appellant, v. Vernon SMITH, Warden; Attorney General of California, Respondents-Appellees. No. 93-16108. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1994. Submission Withdrawn May 31, 1994. Resubmitted Sept. 1, 1994. Decided Sept. 23, 1994. 1 Before: NORRIS and O'SCANNLAIN, Circuit Judges; COUGHENOUR, * District Judge. 2 MEMORANDUM ** 3 Jacek Gabryelski resided in Tahoma County, California in October 1987. William Haake, Gabryelski's neighbor, called the Tahoma County Sheriff's Department on October 2, 1987 to report a possible homicide. Deputy Sheriff Parker drove out to investigate and met Haake at a friend's residence. 4 Haake told Parker that he had seen Gabryelski and his girlfriend, LeeAnn Garrabrant, arguing violently on the previous evening. According to Haake, Gabryelski had pulled Garrabrant's hair, kicked her, and pointed a sawed-off…