Roland C. Dent v. Tana Wood

95 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roland C. DENT, Petitioner-Appellant, v. Tana WOOD, Respondent-Appellee. No. 95-35698. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 19, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Roland C. Dent, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Following a jury trial, Dent was convicted of conspiracy to commit first degree murder. Dent contends that the trial court's "substantial step" jury instruction: (1) violated the Due Process Clause by retroactively broadening the definition of conspiracy under Wash.Rev.Code § 9A.28.040(1), (2) relieved the government of its burden of proving a conspiracy under Wash.Rev.Code § 9A.28.040(1), (3) enabled the jury to find Dent guilty without deciding all the elements of the offense, (4) enabled the government to convict…