Lynn B. Milner v. Jerry Stainer, Warden

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lynn B. MILNER, Petitioner-Appellant, v. Jerry STAINER, Warden, Respondent-Appellee. No. 95-16492. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided May 23, 1996. Before: HUG, Chief Judge, and D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Lynn Bernard Milner appeals the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254 . Milner seeks relief from his sentence of life without the possibility of parole. He contends that his constitutional rights were violated when the state trial court, upon remand of the case from the California Supreme Court, concluded that it lacked jurisdiction to dismiss the jury's finding of special circumstances upon Milner's conviction of first degree murder. We affirm. 3 1. Milner claims that he was denied his due process liberty rights when the state trial court did not exercise discretion to…