Robert Gene McNeely v. Ana M. Olivarez

104 F.3d 365 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Gene McNEELY, Petitioner-Appellant, v. Ana M. OLIVAREZ, Respondent-Appellee. No. 96-15138. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Robert Gene McNeely, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 petition challenging his jury conviction for the second degree murder of his wife. McNeely contends that the district court erred by denying his petition because: (1) trial counsel was ineffective on several grounds; (2) newly discovered evidence supports his argument of actual innocence; and (3) his due process rights were violated in several ways. We review de novo a district court's decision on a § 2254 petition. Duckett v. Godinez, 67 F.3d 734, 739 (9th Cir.1995), cert. denied, 116 S.Ct. 1549 (1996). We have jurisdiction pursuant to 28 U.S.C.…