McKENZIE v. McCORMICK

No. 93-35142.

27 F.3d 1415 (1994)

Duncan Peder McKENZIE, Jr., Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1994.


Attorney(s) appearing for the Case

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, Gregory A. Jackson, Jackson & Rice, Helena, MT, for petitioner-appellant.

Paul D. Johnson, Asst. Atty. Gen., Helena, MT, Stephanie Ross, Point Roberts, WA, Jayne Mitchell, Pondera County Atty., Conrad, MT, for respondent-appellee.

Before: NORRIS, BEEZER and KOZINSKI, Circuit Judges.


Opinion by Judge KOZINSKI.

KOZINSKI, Circuit Judge.

Nearly 20 years after he was sentenced to death for the brutal murder of Lana Harding, Duncan Peder McKenzie, Jr., appeals the denial of his second federal habeas petition, claiming that a meeting between the special prosecutor and the sentencing judge denied him due process of law.

I. Background

While litigating his first federal habeas petition,1 McKenzie discovered...

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