AKINS v. CARDWELL

No. 73-1449.

500 F.2d 47 (1974)

Van AKINS et al., Petitioners-Appellants, v. Harold J. CARDWELL, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 21, 1974.


Attorney(s) appearing for the Case

B. Michael Dann (argued), of Treon, Warnicke & Dann, Phoenix, Ariz., for petitioners-appellants.

William J. Schafer, III, Chief Counsel, Crim. Div., Phoenix, Ariz. (argued), Gary K. Nelson, Atty. Gen., for respondent-appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and FERGUSON, District Judge.


OPINION

PER CURIAM:

In one respect—the rereading of the court's instruction to the jury at the jury's request and in the absence of the defendants, the facts of this case are almost a carbon copy of those in Bustamante v. Eyman, 9 Cir., 1972, 456 F.2d 269 (Bustamante I). In Bastamante, after our remand, a hearing was held at which testimony was received as to what happened when a tape recording of the...

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