MILLER v. KEENEY

No. 88-4262.

882 F.2d 1428 (1989)

Norman Elmer MILLER, Petitioner-Appellant, v. J.C. KEENEY, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted May 18, 1989.

Decided August 15, 1989.


Attorney(s) appearing for the Case

Kenneth Lerner, Asst. Federal Public Defender, Portland, Or., for petitioner-appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before TANG, BOOCHEVER and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

On a bright warm spring Wednesday morning in downtown Portland, Oregon, nearly a decade ago, Lownsdale Park was crowded with people out walking or sitting on benches. One of the more active was Norman Elmer Miller, who had left his car near the park and was seen by the police leaving a telephone booth and walking quickly through the park in a dark overcoat and sunglasses. Also in the park were a number of Portland police officers, engaged...

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