Dannenberg

Dannenberg v. Ingle

Good Law
19 F. App'x 559
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001No. 00-16048; D.C. No. CV-92-20211-JWCalifornia1,689 words

Opinion

Lead Opinion

MEMORANDUM **

John E. Dannenberg appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for second-degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a).

We review the district court’s denial of a section 2254 petition. Duckett v. Godinez, 67 F.3d 734, 739 (9th Cir.1995). Dannenberg raises numerous due process claims alleging trial error, along with claims of prosecutorial misconduct and insufficiency of the evidence. We affirm for the following reasons.

1. Evidentiary Challenges

Dannenberg first contends that his due process rights were violated when the trial court prevented two defense experts from testifying as to their opinion of his “actual ... mental state at the time of the alleged murder.” To the extent this contention is cognizable under federal habeas, see Jammal v. Van de Kamp, 926 F.2d 918, 919-20 (9th Cir.1991), the district court properly denied this claim because due process is not violated by the exclusion of such testimony. See CahPenal Code § 29 (prohibiting expert testimony as to whether a defendant possessed the required mental state); see also United States v. Morales, 108 F.3d…

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