Dwaine W. Chambers v. Larry Kincheloe

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwaine W. CHAMBERS, Petitioner-Appellant, v. Larry KINCHELOE, Respondent-Appellee. No. 94-35586. United States Court of Appeals, Ninth Circuit. Submitted: Feb. 8, 1995. * Decided: Feb. 10, 1995. Before: WRIGHT, HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Chambers and a codefendant were tried jointly and found guilty in state court of first degree murder. He petitioned for habeas relief under 28 U.S.C. Sec. 2254 , alleging trial court errors. The district court denied the petition. We affirm. 3 We review de novo the denial of a habeas petition. Jefferies v. Blodgett, 5 F.3d 1180, 1187 (9th Cir. 1993), cert. denied, 114 S. Ct. 1294 (1994). We review the trial court's rulings for abuse of discretion. United States v. Dischner, 974 F.2d 1502 (9th Cir. 1992), cert. denied, 113 S. Ct. 1290 (1993). 1. DENIAL OF MOTION TO SEVER 4 To establish abuse of discretion, the defendant must show that denial of his motion…