Stillman

Stillman v. Lamarque

Good Law
178 F. App'x 647
United States Court of Appeals for the Ninth CircuitApril 26, 2006No. 05-16309California1,601 words

Opinion

lead Opinion

MEMORANDUM **

Appellant Fred Stillman appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. Stillman was convicted of the assault and the second degree murder of Bart Jackman. He alleges that the trial court violated his due process “right to be heard” when the judge refused to interrupt his recitation of the judgment in order to entertain Stillman’s pro se motion for a new trial and later denied that motion. Stillman also alleges that he is entitled to an evidentiary hearing on his claim that the prosecution interfered with his right to present a favorable witness by circulating a rumor that his daughter, Jennifer, would not be charged in connection with Jackman’s death if she did not testify in Stillman’s trial. Jennifer did not testify, but was charged after Still-man’s trial was over. We affirm. '

I.

Jackman was killed in a late-night brawl outside the Landmark Inn in Clearlake, California, in which Stillman, his wife Luanne, and his daughter Jennifer were all involved. The Stillmans did not know Jackman prior to the fight. Jackman died of stab wounds to the chest and stomach before the paramedics arrived at the scene. Stillman and Luanne…

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