Blaine Carroll Mock v. Peggy Kernan, Warden Attorney General of the State of California

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Blaine Carroll MOCK, Petitioner-Appellant, v. Peggy KERNAN, Warden; Attorney General of the State of California, Respondents-Appellees. No. 96-16107. 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 Blaine Carroll Mock, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for rape and kidnapping. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Duckett v. Godinez, 67 F.3d 734, 739 (9th Cir.1995), cert. denied, 116 S.Ct. 1549 (1996), and affirm. 3 Mock contends that the trial court violated his due process rights by failing to notify Mock or his counsel that the jury had submitted a note stating that they were deadlocked. In order to grant relief on Mock's habeas petition, this error…