Steven E. Dull v. Michael Pickett Attorney General, State of California

59 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven E. DULL, Petitioner-Appellant, v. Michael PICKETT; Attorney General, State of California, Respondents-Appellees. No. 94-56722. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Steven E. Dull, a California state prisoner, appeals pro se the dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. Dull contends the district court erred by finding that he had not exhausted state remedies as to one of his two claims. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we vacate the district court's judgment. 3 In 1985, Dull was convicted, following a jury trial, for two counts of second degree murder and one count of misdemeanor hit-and-run driving. On direct appeal, the California Court of Appeal affirmed his conviction and modified his sentence, and the California Supreme Court denied…