Wilbert Joseph Oden v. B.J. Bunnell

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilbert Joseph ODEN, Petitioner-Appellant, v. B.J. BUNNELL, Respondent-Appellee. No. 94-17220. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 16, 1995. Decided Dec. 12, 1995. 1 Before GOODWIN and HAWKINS, Circuit Judges, and FITZGERALD ** , District Judge. 2 MEMORANDUM * 3 Defendant appeals the district court's denial of his federal habeas petition. Defendant contends that his murder conviction in state court must be reversed because (1) he received ineffective assistance of counsel, and (2) his conviction violated due process. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We affirm. I. 4 On April 3, 1985, defendant was charged in Kings County (Cal.) Superior Court with first-degree felony murder, assault with intent to commit rape, and attempted burglary. The first-degree felony murder charge was prosecuted as a special circumstances crime, and defendant would have received…