AUSTAD v. RISLEY

No. 83-3933.

739 F.2d 428 (1984)

Gene Andrew AUSTAD, Petitioner-Appellant, v. Henry RISLEY and Thomas Sellars, Respondents-Appellees, and Attorney General Mike Greely, Additional Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1984.


Attorney(s) appearing for the Case

Curtis G. Thompson, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for petitioner-appellant.

Margaret M. Joyce Johnson, Asst. Atty. Gen., Helena, Mont., for respondents-appellees.

Before WRIGHT, GOODWIN and NORRIS, Circuit Judges.


GOODWIN, Circuit Judge.

Gene Andrew Austad, who is serving a life sentence plus consecutive terms of years in Montana upon multiple felony convictions, petitioned for habeas corpus relief claiming that the state had convicted him in violation of the federal Constitution. He asserted that because of his mental condition at the time of trial he was denied due process and that the pretrial publicity created an environment in which the failure of the state court to change...

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