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HERD v. KINCHELOE

No. 85-3918.

800 F.2d 1526 (1986)

Vern Leslie HERD, Petitioner-Appellant, v. Larry KINCHELOE and Kenneth Eikenberry, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

David R. Wohl, Seattle, Wash., for petitioner-appellant.

Paul Silver, Olympia, Wash., for respondents-appellees.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.

OPINION*

TANG, Circuit Judge:

Herd appeals the district court's dismissal of his federal habeas corpus petition under 28 U.S.C. § 2254 (1982) challenging his 1974 conviction for first degree murder and sentence to life imprisonment. Herd contends the state trial court committed constitutional errors in (1) issuing an intent instruction violative of Sandstrom v. Montana, 442 U.S. 510

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