Gerald Arthur Whitney v. Tim Murphy Attorney General, State of Arizona

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald Arthur WHITNEY, Petitioner-Appellant, v. Tim MURPHY; Attorney General, State of Arizona, Respondents-Appellees. No. 94-15208. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1994. * Decided Dec. 5, 1994. Before: SCHROEDER, FERGUSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Gerald Arthur Whitney, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his convictions for kidnapping and aggravated assault. Whitney contends the state trial court violated his federal constitutional rights by: (1) finding that statements he made subsequent to his arrest were knowing, intelligent and voluntary; (2) permitting into evidence under the excited utterance exception to the hearsay rule out-of-court statements of three unavailable witnesses; (3) permitting the state to amend the information on the day of trial; (4)…