STURGIS v. GOLDSMITH

No. 83-2281.

796 F.2d 1103 (1986)

Bill Edward STURGIS, Plaintiff-Appellant, v. Robert GOLDSMITH, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1986.


Attorney(s) appearing for the Case

Frederick Kay, Federal Public Defender, Phoenix, Ariz., for plaintiff-appellant.

Robert S. Golden, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Before WALLACE, FLETCHER and FERGUSON, Circuit Judges.


FLETCHER, Circuit Judge:

Bill Edward Sturgis, currently incarcerated in an Arizona state prison, appeals the judgment and order dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1982). We affirm in part, reverse in part, and remand for an evidentiary hearing.

I. BACKGROUND.

On January 4, 1970, Sturgis returned home at one a.m. with an acquaintance, Mary Monsivias. For the next two hours, Sturgis tortured and eventually...

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