Donald Platzer v. Janet Barbour, Superintendent

61 F.3d 912 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald PLATZER, Petitioner-Appellant, v. Janet BARBOUR, Superintendent, Defendant-Appellee. No. 94-35607. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Donald Platzer was convicted in Washington state court on May 19, 1989 of two counts of second degree rape of a child, one count of violation of the Uniform Controlled Substances Act, and two counts of furnishing liquor to a minor. He was sentenced to a 54-month prison term. Platzer filed a petition for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. Sec. 2254 , claiming that he received ineffective assistance of counsel at trial and that the trial judge failed to instruct the jury regarding the presumption of innocence. The district court denied his petition. 3 Platzer now appeals that denial and argues that the…