Carl R. Lapierre v. Larry Kincheloe, Superintendent, Spring Creek Correctional Center, Alaska Department of Corrections

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl R. LAPIERRE, Plaintiff-Appellant, v. Larry KINCHELOE, Superintendent, Spring Creek Correctional Center, Alaska Department of Corrections, Defendant-Appellee. No. 94-35866. United States Court of Appeals, Ninth Circuit. Submitted Aug. 7, 1995. * Decided Jan. 19, 1996. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We review the district court's denial of the petition de novo. Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994), and affirm. 3 I. Double Jeopardy Claims. 4 On appeal from LaPierre's first trial, the Alaska Court of Appeals, reversed, stating: 5 We thus hold that the trial court erred in denying LaPierre's request for a heat of passion instruction. While reversal of LaPierre's murder conviction will therefore be required, LaPierre is not necessarily entitled to a new trial. Had the jury been instructed on the defense of heat of passion, there is a reasonable probability…