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CHURCH v. KINCHELOE

No. 83-4247.

767 F.2d 639 (1985)

Richard L. CHURCH, Plaintiff-Appellant, v. Lawrence R. KINCHELOE, Supt., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1985.

Attorney(s) appearing for the Case

Richard L. Church, Walla Walla, Wash., Robert H. Whaley, Spokane, Wash., plaintiff-appellant.

Douglas D. Walsh, Dept. of Correction, Olympia, Wash., for defendant-appellee.

Before GOODWIN, POOLE and BOOCHEVER, Circuit Judges.

POOLE, Circuit Judge:

Richard L. Church appeals the district court's dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. His first contention was that the trial court deprived him of due process as laid down in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979), by instructing the jury that "the law presumes that every person intends the natural and probable consequences of their...

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