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STANDLEE v. RHAY

No. 76-1297.

557 F.2d 1303 (1977)

Daryl STANDLEE, Petitioner-Appellee, v. B. J. RHAY, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

July 21, 1977.

Attorney(s) appearing for the Case

Thomas W. Hayton, Asst. Atty. Gen., Olympia, Wash., argued for respondent-appellant.

Phillip H. Ginsberg, Houghton, Cluck, Coughlin & Riley, Seattle, Wash., argued for petitioner-appellee.

Before CARTER and CHOY, Circuit Judges, and HOFFMAN, District Judge.

JAMES M. CARTER, Circuit Judge:

The district court granted appellee's petition for a writ of habeas corpus and Warden B. J. Rhay appeals. Appellee had his parole suspended based on criminal charges for which he was later acquitted. The district court held that collateral estoppel prevented a finding of guilt on these charges in the parole revocation hearings. We disagree with this conclusion and therefore reverse.

Facts

Appellee was paroled...

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