Mark Owen McGuire v. Wayne Estelle, Warden

WIGGINS, Circuit Judge:

Mark McGuire (“McGuire”) appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(a). McGuire was convicted of second degree murder and is now serving a fifteen year to life sentence in a California state prison. McGuire contends that the admission of evidence of prior acts against him at his trial was error and denied him due process of law under the Fourteenth Amendment. We find that his contention has merit and REVERSE.

FACTS AND PROCEEDINGS BELOW

At about 9:00 p.m., on July 7, 1981, McGuire and his wife brought their…