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ROBIDEAU v. RHAY

No. 71-1328.

452 F.2d 605 (1971)

James G. ROBIDEAU, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 7, 1971.

Attorney(s) appearing for the Case

James G. Robideau, in pro. per.

Stephen C. Way, Asst. Atty. Gen., Olympia, Wash., for respondent-appellee.

Before MERRILL, BROWNING, and CHOY, Circuit Judges.

PER CURIAM:

In Robideau v. Rhay, 431 F.2d 880 (9th Cir. 1970), we reversed an order denying petitioner's application for a writ of habeas corpus and remanded the case to the district court with instructions to determine if the prosecutor's comment on petitioner's exercise of his Fifth Amendment right "was harmless beyond a reasonable doubt." That court found the comment harmless. Petitioner appeals from the order entered on this finding...

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