Ernest Lee Malone v. Jerry Steiner, Warden, Attorney General of State of California

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernest Lee MALONE, Petitioner-Appellant, v. Jerry STEINER, Warden, Attorney General of State of California, Respondents-Appellees. No. 95-17158. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided Aug. 7, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges; MOSKOWITZ, ** District Judge. 2 MEMORANDUM *** 3 Ernest Lee Malone ("Malone") was convicted on April 20, 1983 in the California Superior Court for Tulare County of two counts of robbery, one count of burglary and one count of felony murder. At the conclusion of a bench trial the court found that Malone had participated in the robbery of Mr. and Mrs. Fried during the course of which Malone's half-brother, Cecil Howard, murdered Mr. Fried. Malone appeals the district court's denial of his petition for a writ of habeas corpus and the denial of his request for an evidentiary hearing. Malone contends that his due process rights were…