Michael Hibbert v. Bert Rice, Warden Attorney General of the State of California

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael HIBBERT, Petitioner-Appellant, v. Bert RICE, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-56516. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Hibbert, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his robbery convictions and firearm enhancements. Hibbert contends that: (1) the trial court erroneously excluded vital defense evidence; (2) the trial court erred by failing to instruct the jury on the sufficiency of circumstantial evidence; (3) the firearm enhancements under Cal. Penal Code § 12022.5 were not supported by the evidence; and (4) the prosecutor committed prejudicial misconduct. We have jurisdiction under 28 U.S.C. § 2253 . We…