Joseph W. McBride v. Manfred F. Maass, Superintendent, Oregon State Penitentiary

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph W. McBRIDE, Petitioner-Appellant, v. Manfred F. MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 95-35744. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1996. Decided Oct. 21, 1996. 1 Before: GOODWIN and BRUNETTI, Circuit Judges and KING * , District Judge. 2 MEMORANDUM ** 3 McBride, an Oregon state prisoner serving life for murder, brings this second appeal from district court judgments denying him habeas corpus relief. He has asserted a number of federal constitutional deficiencies in his state court conviction. His first appeal succeeded on the basis that McBride had not procedurally defaulted in his state court post conviction proceedings. This appeal challenges the district court judgment on its merits. We affirm on the ground that any improper comment by the prosecutor during final argument was harmless. 4 In 1986, McBride and his girlfriend,…