McKENZIE v. RISLEY

No. 85-4156.

801 F.2d 1519 (1986)

Duncan Peder McKENZIE, Jr., Petitioner-Appellant, v. Henry RISLEY, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted July 16, 1986.

Decided October 8, 1986.

As Amended November 12, 1986.


Attorney(s) appearing for the Case

Timothy K. Ford, Seattle, Wash., for petitioner-appellant.

Chris D. Tweenten, James M. Scheier, Asst. Attys. Gen., Helena, Mont., for respondents-appellees.

Before WRIGHT and ANDERSON, Circuit Judges, and PRICE, District Judge.


J. BLAINE ANDERSON, Circuit Judge:

I. Background

Duncan Peder McKenzie (McKenzie), a Montana state prisoner, appeals from the federal district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. McKenzie was convicted of deliberate homicide by means of torture and aggravated kidnapping in the tragic and grisly death of Lana Harding (Harding), a 23-year old rural school teacher. Following a jury verdict of guilty, McKenzie...

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