Alejandro Madrid v. State of California

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alejandro MADRID, Petitioner-Appellant, v. STATE OF CALIFORNIA, Respondent-Appellee. No. 95-16925. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1996. Decided Oct. 18, 1996. Before: WOOD, * SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Alejandro Madrid, a California state prisoner, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 . We affirm. 3 Madrid was convicted in 1992 of possession of a weapon by a state prisoner. The California Court of Appeals and California Supreme Court affirmed his conviction. In his habeas petition, he asserted a number of constitutional trial errors, some of which the district court dismissed for procedural default and some of which it denied on the merits. We turn first to the procedurally defaulted claims. Procedural Default 4 In his appeal to the California Court of Appeal, Madrid tried to raise five constitutional…