AIKEN v. SPALDING

No. 85-4229.

841 F.2d 881 (1988)

Arthur Nathaniel AIKEN, Plaintiff-Appellant, v. James SPALDING, Superintendent, Washington State Penitentiary, and Slade Gorton, Attorney General, State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1988.

As Amended March 1, 1988.


Attorney(s) appearing for the Case

Zenon P. Olbertz, McCluskey, Sells, Ryan, Olbertz & Haberly, Bremerton, Wash., for plaintiff-appellant.

Michael Madden, Asst. Atty. Gen., Olympia, Wash., for defendants-appellees.

Before SKOPIL, FLETCHER and POOLE, Circuit Judges.


PER CURIAM:

Arthur Nathaniel Aiken appeals the denial of his petition for writ of habeas corpus. He was convicted by a jury in 1965 in a Washington State court on three counts of first degree murder. Originally sentenced to death, Aiken is now serving three consecutive life terms. He argues, among other things, that the interrogating officers violated his right to counsel, and that his confessions were involuntary.

BACKGROUND

In March and April 1965...

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