Lamonte Eric Wilson v. Kingston W. Prunty, Jr.

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lamonte Eric WILSON, Petitioner-Appellant, v. Kingston W. PRUNTY, Jr., Respondent-Appellee. No. 95-15861. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1996. * Decided March 25, 1996. Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 There was sufficient evidence of first degree murder, on any of several theories. The jury could have inferred premeditation and deliberation from the written murder plan, and from Wilson's unaccustomed wearing of all black clothes on the night of the murder. Also, the dispute about money between him and the victim, as well as his friendship with the victim's spouse, supplied a motive. See People v. Bloyd, 729 P.2d 802, 810 (Cal.1987). The trier of fact could have inferred Wilson's participation from his heel print on the victim's blouse and the victim's blood on his clothes. People v. Beeman, 674 P.2d 1318, 1326 (Cal.1984). The theory on…