Jay Dee Breazeale v. Manfred Maass, Superintendent

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jay Dee BREAZEALE, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 94-35092. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 13, 1995. * Decided: Jan. 31, 1995. 1 Before: PREGERSON and TROTT, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Jay Dee Breazeale is a Kansas state prisoner incarcerated in the Oregon State Penitentiary pursuant to the terms of the Interstate Corrections Compact between Oregon and Kansas. Breazeale appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition challenging his Kansas convictions for attempted burglary, aggravated burglary, unlawful possession of a firearm, attempted rape, and aggravated sodomy. 1 4 Breazeale contends the trial court violated his due process rights by consolidating five separate incidents in one trial and by admitting his prior Colorado rape convictions on the…