Mark A. Koch v. Terry Stewart, Director of Arizona Department of Corrections Grant Woods, Attorney General

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark A. KOCH, Petitioner-Appellant, v. Terry STEWART, * Director of Arizona Department of Corrections; Grant Woods, Attorney General, Respondents-Appellees. No. 95-16164. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. ** Decided Oct. 15, 1996. Before: O'SCANNLAIN and LEAVY, Circuit Judges, and HUFF, *** District Judge. MEMORANDUM **** Arizona state prisoner Mark A. Koch ("Koch") appeals from the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Koch argues, inter alia, that the district court erred in concluding that he had procedurally defaulted under state law on ten of the issues presented, and in its finding of harmless error with respect to the remaining two issues properly presented for review. We affirm. Except with respect to Koch's preserved claims concerning the trial court's ex parte communication with the jury and the "no death penalty" jury…