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YELLOWWOLF v. MORRIS

Nos. 75-1300, 75-1546.

536 F.2d 813 (1976)

Lester YELLOWWOLF, Jr., Petitioner-Appellant, v. Charles MORRIS, Secretary, Department of Social and Health Services, Respondent-Appellee. Frank A. MIESBAUER, Petitioner-Appellant, v. Charles MORRIS, Secretary, Department of Social and Health Services, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Rehearing June 16, 1976.

Attorney(s) appearing for the Case

Richard D. Emery (argued), Prison, Legal Services Project, Seattle, Wash., for petitioners-appellants.

William C. Collins, Asst. Atty. Gen. (argued), Olympia, Wash., for respondent-appellee.

Before CHOY and GOODWIN, Circuit Judges, and REAL, District Judge.

OPINION

CHOY, Circuit Judge:

Yellowwolf and Miesbauer each applied for a writ of habeas corpus on the ground that this court's ruling in United States ex rel. Pebworth v. Conte, 489 F.2d 266 (9th Cir. 1974), should be applied retroactively. The district court dismissed the petitions. We affirm.

Yellowwolf was charged with grand larceny in Yakima County, Washington and appeared for arraignment on June 19, 1969...

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