BUSTAMANTE v. CARDWELL

No. 73-1823.

497 F.2d 556 (1974)

Pedro Rodriquez BUSTAMANTE, Appellant, v. Harold J. CARDWELL [Frank A. Eyman], Warden, Arizona State Prison, Appellee.

United States Court of Appeals, Ninth Circuit.

May 13, 1974.


Attorney(s) appearing for the Case

Robert J. Corcoran (argued), LeRoy L. Miller, Powers, Boutell, Fannin & Kurn, Phoenix, Ariz., for appellant.

William J. Schafer, Asst. Atty. Gen. (argued), Ronald L. Crimson, Asst. Atty. Gen., Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for appellee.

Before BROWNING and GOODWIN, Circuit Judges, and KING, District Judge.


OPINION

PER CURIAM:

Pedro Rodriquez Bustamante appeals from an order denying his petition for a writ of habeas corpus. He challenges the district court ruling that, although his absence from the courtroom at the time a tape recording of instructions was replayed to the jury constituted error, the error was harmless beyond a reasonable doubt. We affirm.

Bustamante's conviction for first-degree murder was affirmed by the Supreme Court of Arizona in...

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