Manuel Joe Nieto v. William Duncan, Warden

60 F.3d 834 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Manuel Joe NIETO, Petitioner-Appellant, v. William DUNCAN, Warden, et al., Respondents-Appellees. No. 94-16052. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1995. Decided June 30, 1995. Before: GIBSON, * GOODWIN, and HUG, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner, Manuel Joe Nieto ("Nieto"), was convicted of second-degree murder, vehicular manslaughter, and driving under the influence causing death, in violation of California Penal Code Secs. 187 and 192(3)(a) [now appearing as Sec. 192(c)] and California Vehicle Code Sec. 23153(a), respectively. After the California Supreme Court affirmed his convictions, Nieto collaterally challenged them by seeking habeas relief in California state courts. Both the California Court of Appeal and the California Supreme Court denied his petition. Nieto then applied for habeas relief with the federal district court, which rejected his petition…