Huey P. Newton v. Superior Court of California, in and for the County of Alameda

ALARCON, Circuit Judge:

Petitioner/appellant Huey P. Newton, a California prisoner convicted in 1978 of possessing a concealable firearm as a felon in violation of CaLPenal Code § 12021(a) (West Supp.1986), appeals from the district court’s denial of his petition for a writ of habeas corpus. He contends that (1) the respondent/appellee Superior Court of California for the County of Alameda (hereinafter the state trial court) unconstitutionally failed to give res judicata effect to a 1971 order striking the sentence enhancing allegation of his prior felony conviction in 1964, (2) the jury…