McGUINN v. CRIST

No. 80-3341.

657 F.2d 1107 (1981)

Thomas P. McGUINN, Plaintiff-Appellee, v. Roger W. CRIST, Warden of Montana State Penitentiary, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1981.

As Amended on Denial of Rehearing October 26, 1981.


Attorney(s) appearing for the Case

John Maynard, Helena, Mont., for defendant-appellant.

Leonard H. Haxby, Haxby & Sweeney, Butte, Mont., argued, for plaintiff-appellee; Dan Sweeney, Haxby & Sweeney, Butte, Mont., on brief.

Before SNEED and BOOCHEVER, Circuit Judges, and CRAIG, District Judge.


SNEED, Circuit Judge:

This is an appeal from the grant by the district court of the appellant's second petition for a writ of habeas corpus. We reverse and direct that the petition be denied.

I. FACTS

Thomas McGuinn was convicted of committing deliberate homicide on Mrs. LaRae Alley by shooting her four times in the head with a revolver. Appellee McGuinn appealed to the Montana Supreme Court, but his conviction was affirmed and his petition...

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