John Benjamin Odoms v. Lawrence Hatcher, Warden of Ely State Prison, Nevada

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Benjamin ODOMS, Petitioner-Appellant, v. Lawrence HATCHER, Warden of Ely State Prison, Nevada, Respondent-Appellee. No. 95-15830. United States Court of Appeals, Ninth Circuit. Submitted Feb. 16, 1996. * Decided April 17, 1996. Before: HUG, Chief Judge, HALL, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Nevada state prisoner John Benjamin Odoms appeals the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus. He challenges his convictions for attempted murder with the use of a deadly weapon and burglary for which he now serves two consecutive life terms. His petition requires us to address the following issues: (1) whether the trial court erred in instructing the jury on the elements of attempted murder because the instructions created a mandatory presumption regarding the element of intent; (2) whether the jury instructions of reasonable doubt constituted structural error; (3)…