Larry Williams v. Roger Crist

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry WILLIAMS, Petitioner-Appellant, v. Roger CRIST, et al., Respondents-Appellees. No. 94-16208. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Samuel L. Lewis appeals pro se the district court's denial, on remand from this court, of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction of attempted sexual assault. Lewis contends that: (1) the prosecutor committed prejudicial misconduct by failing to present a lesser included offense to the grand jury; and (2) the trial court denied him a fair jury by allowing the third cousin of the prosecutor to remain on the jury. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993), and affirm. 1. Prosecutorial Misconduct 3 To determine whether…