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AUSTAD v. RISLEY

No. 83-3933.

761 F.2d 1348 (1985)

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

United States Court of Appeals, Ninth Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

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

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

Before BROWNING, Chief Judge, WALLACE, ANDERSON, HUG, TANG, SKOPIL, ALARCON, POOLE, NELSON, BOOCHEVER, and BEEZER, Circuit Judges.

POOLE, Circuit Judge.

Gene Austad was convicted by a jury in a Montana state court of deliberate homicide, robbery, sexual intercourse without consent and aggravated burglary. He was sentenced to life imprisonment on the conviction of deliberate homicide, and to consecutive forty year terms on each of the other three charges. After exhausting his state remedies, Austad filed a petition for writ of habeas corpus in the district court claiming that he had been denied...

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