Phillip Benjamin Gunn v. James H. Gomez, Director Attorney General of the State of California

87 F.3d 1318 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phillip Benjamin GUNN, Petitioner-Appellant, v. James H. GOMEZ, Director; Attorney General of the State of California, Respondents-Appellees. No. 95-56303. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 1996. Decided June 20, 1996. Before: FLETCHER, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Gunn, after exhausting his claim unsuccessfully in state court, petitioned for a federal writ of habeas corpus. He was granted an evidentiary hearing. Both he and his trial attorney, Francis Bardsley, testified, and findings of fact were made. We review the district court's denial of habeas relief de novo. Thompson v. Borg, 74 F.3d 1571, 1573 (9th Cir.1996). Findings of fact made by the district court relevant to that decision are reviewed for clear error. Bonin v. Calderon, 59 F.3d 815, 823 (9th Cir.1995). The state court's factual conclusions are entitled to a presumption of…