Joseph P. Gutierrez v. Robert Borg, Warden Attorney General for the State of California

51 F.3d 280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph P. GUTIERREZ, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General for the State of California, Respondents-Appellees. No. 94-55807. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Decided March 24, 1995. 1 Before: BEEZER and NOONAN, Circuit Judges, and EZRA, District Judge. * 2 MEMORANDUM ** 3 Joseph Gutierrez appeals the denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions for attempted robbery, robbery and kidnapping for robbery. Gutierrez contends that: (1) he was denied his Sixth Amendment right to effective assistance of counsel and the district court erred in failing to allow him an evidentiary hearing as to the ineffective assistance of counsel claims; (2) he was denied due process because of prosecutorial misconduct and the district court erred in denying him an evidentiary hearing on the prosecutorial misconduct claims; (3) the…