Willott

Willott v. Scribner

Good Law
154 F. App'x 567
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-16812; D.C. No. CV-03-01550-WBSCalifornia363 words

Opinion

Lead Opinion

MEMORANDUM **

James A. Willott, a California state prisoner, appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition challenging his state conviction for first degree burglary. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Appellant contends that the trial court improperly denied his right to present a necessity defense. A review of the record, however, demonstrates that appellant did not request such a defense.

Appellant also contends that the trial court improperly denied his request to sanitize appellant’s prior burglary conviction at trial, however, a review of the record demonstrates that appellant did not request sanitization, and further, that the trial court, without objection, ruled that his prior burglary conviction could be properly admitted under California evidence law.

Appellant further contends that the trial court violated his due process rights when it allowed the jury to see him in restraints, however, appellant fails to demonstrate any inherent or actual prejudice. See Ghent v. Woodford, 279 F.3d 1121, 1132-33 (9th Cir.2002) (concluding that jurors’ brief and accidental glimpse of a defendant in handcuffs during…

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