Edward F. Wills v. George Deeds, Warden

37 F.3d 1508 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward F. WILLS, Petitioner-Appellant, v. George DEEDS, Warden, Respondent-Appellee. No. 91-16902. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1992. Submission withdrawn Nov. 20, 1992. Resubmitted Dec. 8, 1993. Decided Sept. 23, 1994. Before: SCHROEDER, NORRIS, and BRUNETTI, Circuit Judges MEMORANDUM * BACKGROUND Wills was convicted in 1976 on two counts of murder. On direct appeal, he challenged the sufficiency of the evidence to sustain the indictment and the conviction. In 1977, the Nevada Supreme Court affirmed the conviction. In 1983, Wills filed his first state habeas petition, which included for the first time an allegation that two of his jury instructions violated Sandstrom v. Montana, 442 U.S. 510 (1979), by improperly shifting the burden of proof on the element of intent from the prosecution to the defense. Sandstrom was decided two years after Wills had finished his…