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HAGLER v. CALLAHAN

No. 83-4104.

764 F.2d 711 (1985)

David F. HAGLER, Petitioner-Appellee, v. William L. CALLAHAN, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1985.

As Amended August 15, 1985.

Attorney(s) appearing for the Case

John Midgley, Seattle, Wash., for petitioner-appellee.

Michael P. Lynch, Olympia, Wash., for respondents-appellants.

Before FLETCHER and FARRIS, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

The State of Washington has appealed from the district court's decision, adopting a magistrate's recommendation, to grant the petition of David F. Hagler, a Washington State prisoner, for a writ of habeas corpus under 28 U.S.C. § 2254(a). The court concluded that the jury could have improperly convicted Hagler based on a jury instruction declared unconstitutional in Sandstrom v. Montana, 442 U.S. 510

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