Danny Caesar v. Charles Marshal, Warden

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Danny CAESAR, Petitioner-Appellant, v. Charles MARSHAL, Warden, Respondent-Appellee. No. 94-16392. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. IN PART, REVERSED IN PART. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Danny Caesar, a California state prisoner, appeals pro se the district court's summary dismissal of his first petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. Sec. 2253 and review de novo. Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir. 1994). We affirm in part and reverse in part. 3 Caesar is serving a twelve-year sentence for first degree burglary. His habeas petition presented five grounds for relief: (1) a due process violation caused by the state court's conclusion that his prior burglary conviction was of an inhabited dwelling; (2) a speedy trial violation; (3) ineffective assistance of…