AIKEN v. SPALDING

No. 81-3592.

684 F.2d 632 (1982)

Arthur Nathaniel AIKEN, Plaintiff-Appellant, v. James SPALDING, Superintendent, Washington State Penitentiary, and Ken Eikenberry, Attorney General, State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1982.


Attorney(s) appearing for the Case

Richard S. McMillin, Washington, D. C., for plaintiff-appellant.

James Lobsenz, Seattle, Wash., for defendants-appellees.

Before GOODWIN and POOLE, Circuit Judges, and EAST, District Judge.


GOODWIN, Circuit Judge.

Aiken appeals the dismissal of his habeas corpus petition pursuant to Rule 9(a) of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254 (1976). Aiken was resentenced in 1973; his habeas petition, however, was not filed until 1979, due to an undenied lack of diligence by earlier counsel. The petition presents claims challenging the voluntariness of Aiken's confession as well as the effects of pretrial publicity.

Rule 9...

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