Marvin Walter Scofield v. Carl Zenon, Superintendent, Oregon State Correctional Institution

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin Walter SCOFIELD, Petitioner-Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent-Appellee. No. 94-35232. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. ** Decided March 14, 1995. MEMORANDUM * Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges. 1 Marvin Scofield, serving a murder sentence in Oregon prison, appeals the district court's denial of his habeas petition under 28 U.S.C. Sec. 2254 . Scofield contends that his due process rights were violated when the prosecutor failed to obtain a blood alcohol test that would have preserved his ability to use voluntary intoxication as a defense to the murder charge. He also argues that he should have been granted an evidentiary hearing and that no deference should be accorded the state court determination because it was based only on affidavits. We have jurisdiction and affirm. 2 During state post…