Richard A. Butterfield v. State of Washington Tana Wood

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard A. BUTTERFIELD, Petitioner-Appellant, v. STATE OF WASHINGTON; Tana Wood, Respondents-Appellees. No. 94-35885. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Richard Butterfield, a Washington state prisoner, appeals pro se the district court's dismissal with prejudice of his petition for writ of habeas corpus. Butterfield was convicted of first-degree statutory rape following a bench trial in 1979. He claims on appeal that: he was denied due process when the state failed to collect or preserve physical evidence; the evidence was insufficient to support his conviction; and his trial counsel was ineffective. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 We review de novo a district court's denial of habeas relief. James v. Borg, 24 F.3d 20, 24 (9th Cir. 1994),…