HOUSTON v. ROE

No. 98-55251.

177 F.3d 901 (1999)

Stephen Arthur HOUSTON, Petitioner-Appellant, v. Ernest C. ROE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 1999.


Attorney(s) appearing for the Case

William J. Kopeny, Kopeny & Powell, Irvine, California, for the petitioner-appellant.

Kenneth N. Sokoler, Deputy Attorney General, Los Angeles, California, for the respondent-appellee.

Before: D.W. NELSON, KOZINSKI, and TROTT, Circuit Judges.


TROTT, Circuit Judge:

Steven Arthur Houston ("Houston") appeals the denial of his 28 U.S.C. § 2254 petition, alleging that his conviction for first degree murder is unconstitutional. We have jurisdiction pursuant to 28 U.S.C. § 2253 (1994), and we affirm.

BACKGROUND

On September 11, 1987, Houston was convicted by a jury of shooting and killing his wife Donna Johnson ("Johnson"). Houston hid outside Johnson's office with a shotgun he had...

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