Daniel Matthew Kittson v. Carl Zenon, Superintendent, Oregon State Correctional Institution

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Matthew KITTSON, Petitioner-Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent-Appellee. No. 93-35926. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided Dec. 16, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Matthew Kittson filed a petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. Sec. 2254 . He claimed that his trial counsel denied him effective assistance by failing to advise him adequately about testifying at trial. The district court denied the petition. We affirm. BACKGROUND 3 Shortly after midnight on the morning of December 7, 1987, Kittson and Ariel Rodriguez argued over a pool game at a tavern. When Kittson left the tavern, Rodriquez, accompanied by Arturo Mendoza and Agapito Jasso, followed Kittson and confronted him in the parking lot. Kittson pulled out…