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FRITCHIE v. McCARTHY

No. 78-1870.

664 F.2d 208 (1981)

Danny Gene FRITCHIE, Petitioner-Appellant, v. D. J. McCARTHY, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1981.

As Amended February 25, 1982.

Attorney(s) appearing for the Case

Theodore E. Orliss, Monterey, Cal., for petitioner-appellant.

Andrew D. Amerson, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Before GOODWIN and SCHROEDER, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge:

The petitioner-appellant in this habeas corpus action, having previously been acquitted of murder in Florida in 1970 by reason of insanity, is currently serving a life sentence in a California state prison pursuant to a 1974 conviction in Los Angeles for first degree murder and armed robbery. He appeals from the denial of his petition brought in the Central District of California under 28 U.S.C. § 2254. The issues raised here are whether...

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