COOKS v. SPALDING

No. 81-3192.

660 F.2d 738 (1981)

Bobby Joe COOKS, Plaintiff-Appellant, v. James C. SPALDING, Warden of the Washington State Penitentiary at Walla Walla; Kenneth Eikenberry, Attorney General for the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1981.


Attorney(s) appearing for the Case

Irwin H. Schwartz, Seattle, Wash., for plaintiff-appellant.

Nate D. Mannakee, Asst. Atty. Gen., Olympia, Wash., for defendants-appellees.

Before BROWNING and WRIGHT, Circuit Judges, and WEIGEL, District Judge.


PER CURIAM:

Cooks appeals from denial of a petition for habeas corpus. He alleges denial of due process and effective assistance of counsel because his attorney waived his state right to a 12-person jury.

Cooks was present when his counsel requested a 6-person jury and voiced no objection until after trial, a guilty verdict by the jury, and his incarceration. The state courts rejected his claim that the waiver was flawed.

He claims the trial court...

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