John H. Johnson v. Kenneth Ducharme

70 F.3d 120 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John H. JOHNSON, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee. No. 95-35055. United States Court of Appeals, Ninth Circuit. Submitted Aug. 14, 1995. * Decided Nov. 6, 1995. Before: CHOY, SKOPIL, FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 John H. Johnson appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. He was convicted in a Washington state court of first degree murder in violation of RCW Sec. 9A.32.030. Johnson contends that the information violated the Sixth Amendment because it did not adequately apprise him of the charges against him. He also argues the information violated Washington law. Finally, he contends that the prosecutor ambushed him by suggesting for the first time in closing argument that Larry Handis, a person other than the victim named in the information, may have been the victim of an assault. We review de novo the district…