Dale Howard v. Paul Caspari

WOLLMAN, Circuit Judge.

Dale Howard appeals from the district court’s 1 denial of his 28 U.S.C. § 2254 petition. We affirm.

I

On January 14, 1984, Howard entered the home of the victim and his wife, an elderly couple, intending to take money from them. When the victim was uncooperative, Howard assaulted him. A police officer found the victim lying semi-conscious on the floor. The victim’s wife’s face was cut and bruised. The victim was brought to a hospital, where he died on January 24, 1984. The pathologist who performed the autopsy determined, with reasonable medical certainty, that the victim…