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WALKER v. HUSTON

No. 80-3279.

689 F.2d 901 (1982)

Jimmy Lee WALKER, Petitioner-Appellee, v. William H. HUSTON, Director, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 8, 1982.

Attorney(s) appearing for the Case

W. H. Hawley, Jr., Asst. Atty. Gen., Anchorage, Alaska, for respondents-appellants.

George E. Weiss, Anchorage, Alaska, for petitioner-appellee.

Before SKOPIL, FLETCHER, and FARRIS, Circuit Judges.

SKOPIL, Circuit Judge:

Walker was convicted of rape in Alaska state court. He filed a habeas corpus petition in district court challenging the constitutionality of Alaska Stat. § 12.30.040(b) (1981), which denies bail pending appeal to persons convicted of first degree murder, kidnapping, armed robbery, or rape. The district court held that the classification of rape as a nonbailable offense violates equal protection because the classification is not rationally...

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