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BASHOR v. RISLEY

No. 82-3293.

730 F.2d 1228 (1984)

Howard L. BASHOR, Petitioner-Appellant, v. Henry RISLEY, Warden of Montana State Prison; and Michael Greely, Attorney General for the State of Montana, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1984.

Attorney(s) appearing for the Case

Barbara Harbinson, Oakland, Cal., for petitioner-appellant.

Dorothy McCarter, Helena, Mont., for respondents-appellees.

Before FLETCHER and ALARCON, Circuit Judges, and WATERS, District Judge.

ALARCON, Circuit Judge:

Appellant Howard L. Bashor (Bashor), a Montana prisoner, petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254. The district court, 539 F.Supp. 259, denied the petition. Bashor appeals. We affirm.

FACTS

Appellant Bashor was convicted of deliberate homicide following a jury trial in a Montana state court. It is undisputed that James Hurley died...

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