John C. Montue v. James Rowland W.A. Duncan

91 F.3d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 C. MONTUE, Petitioner-Appellant, v. James ROWLAND; W.A. Duncan, Respondents-Appellees. No. 95-17164. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 John Montue, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Montue is serving a life sentence imposed after a jury convicted him in 1979 of kidnapping, robbery, grand theft, conspiracy, and resisting arrest. He claims, first, that the trial court should have reiterated to the jury that he was presumed innocent after courtroom security was enhanced; second, that the court admitted statements obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966) and; third, that his appellate counsel was ineffective because he failed to raise these issues. We have jurisdiction under 28…