Coleman
Coleman v. Rowland
Opinion
Lead Opinion
MEMORANDUM **
Roosevelt Jermaine Coleman appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We affirm.
Coleman challenges his conviction for first degree murder and conspiracy to commit murder, claiming (1) the jury conflated two separate conspiracies into a single conspiracy, which allowed the jury to find him guilty without the requisite finding of an actual—as opposed to constructive—intent to kill; (2) he was denied an opportunity to present his defense of voluntary intoxication that applied to one conspiracy but not to the other; and (3) he was denied his right to adequate notice of the charges due to the variance between the single-conspiracy theory on which the case was submitted and the double-conspiracy theory on which the jury allegedly relied. In rejecting Coleman’s claims, the California Court of Appeal correctly determined that the evidence established a single conspiracy under California law. Thus, Coleman has failed to demonstrate that the issue he raises is of federal constitutional proportions. See 28 U.S.C. § 2254 (d)(1); Holgerson v. Knowles, 309 *601 F.3d 1200, 1202 (9th Cir.2002) (federal habeas court generally bound by a state…