KNAPP v. CARDWELL

No. 80-5419.

667 F.2d 1253 (1982)

John Henry KNAPP, Arizona State Prison Inmate No. 33659, and all inmates of the Arizona State Prison similarly situated, Petitioners-Appellants, v. Harold CARDWELL, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 19, 1982.


Attorney(s) appearing for the Case

John Foreman, Deputy Public Defender, Phoenix, Ariz., for Ceja, Knapp.

Donald S. Klein, Tucson, Ariz., for Ortiz, Jeffers.

Allen G. Minker, Tucson, Ariz., for Richmond, Blazak.

Robert C. Brown, Casa Grande, Ariz., for Greenawalt.

Robert B. Norgren, Tucson, Ariz., for Steelman.

John P. Frank, Phoenix, Ariz., argued; NAACP Legal Defense Fund, etc. Michael Cooper, Jose A. Cardenas, Phoenix, Ariz., on brief, for amicus curiae.

William J. Schaffer, III, Chief Counsel, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before MERRILL, ADAMS, and SNEED, Circuit Judges.


SNEED, Circuit Judge:

Appellants are a class of Arizona prisoners sentenced to death. They attack their death sentences on the ground that the Arizona law under which they were sentenced, as interpreted by the Arizona Supreme Court, is unconstitutional. They further claim that even if it is constitutional, its application to them violates the ex post facto and double jeopardy clauses of the Constitution, and that their constitutional rights to speedy sentences were...

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