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RUSSELL v. ROLFS

No. 88-3936.

893 F.2d 1033 (1990)

Louis Eugene RUSSELL, Petitioner-Appellant, v. Tom ROLFS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1990.

Attorney(s) appearing for the Case

John Midgley, Smith, Midgley & Pumplin, Seattle, Wash., for petitioner-appellant.

John M. Jones, Asst. Atty. Gen., Corrections Div., Olympia, Wash., for respondent-appellee.

Before REINHARDT, KOZINSKI and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Louis Eugene Russell, a Washington state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court found that the issues raised in the petition were waived by Russell due to a state procedural default. On appeal, Russell disputes this finding, arguing that the Washington Supreme Court reached the merits of his claim, and, in the alternative...

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