Ortiz-Sandoval

Jose Ortiz-Sandoval appeals the district court’s denial of his petition for writ of habe-as corpus. We address the question whether his naming of the California Director of Corrections rather than the warden of the prison where he is incarcerated destroys personal jurisdiction. We hold that the naming of the Director of Corrections does not destroy personal jurisdiction. On the merits, we affirm in part and remand in part.

I

On November 17, 1989 in the Superior Court for Santa Clara County, a jury found Ortiz-Sandoval guilty of first degree murder in the shooting death of Enrique Tello. The trial court sentenced him to 25 years to life in prison.

Ortiz-Sandoval confessed to shooting and killing Tello. Tello lived in San Jose with Raul Chapina Gomez, Annie Fulson and Felipe Chapina Gomez. Ortiz-Sandoval had previously resided at the house but moved out two or three months prior to the shooting. One month before the shooting, Tello and Ortiz-Sandoval had an argument over the telephone bill. On October 8, 1988 at 11 p.m., the argument escalated into a fistfight. Ortiz-Sandoval left the house, then returned, breaking the window on the front door with his hand in order to…