William Robert Hayes v. Teresa Rocha, Acting Warden, Old Folsom State Prison James Gomez

89 F.3d 845 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Robert HAYES, Petitioner-Appellant, v. Teresa ROCHA, Acting Warden, Old Folsom State Prison; James Gomez, Respondents-Appellees. No. 95-15908. United States Court of Appeals, Ninth Circuit. Submitted April 3, 1996. * Decided May 1, 1996. Before: SNEED, SKOPIL, and FERGUSON, Senior Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner William Robert Hayes appeals the district court's denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 , challenging his 1990 convictions for second degree murder and personal use of a firearm. Hayes contends the district court erred when it: (1) refused to consider declarations from jurors who convicted Hayes; and (2) determined he was not deprived of due process when the state trial court failed to give an additional jury instruction on aiding and abetting. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. 3…