Brian Morton Freeman v. James P. McFadden

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian Morton FREEMAN, Petitioner-Appellant, v. James P. McFADDEN, Respondent-Appellee. No. 94-15522. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Brian Morton Freeman appeals the district court's dismissal of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we affirm. 3 On January 22, 1986, Freeman was convicted in state court of one count of kidnapping and seven counts of sexual assault. He was sentenced to 42 years in prison. Freeman appealed his sentence and conviction on nine grounds. The Arizona Court of Appeals affirmed the conviction and sentence and the Arizona Supreme Court denied review. Freeman then sought state post-conviction relief, claiming ineffective assistance of counsel for failure to call material witnesses and a due process…