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COLEMAN v. McCORMICK

No. 85-4242.

874 F.2d 1280 (1989)

Dewey E. COLEMAN, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, and Michael T. Greely, Attorney General for the State of Montana, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1989.

Attorney(s) appearing for the Case

Timothy K. Ford, Seattle, Wash., Henry T. Greely, Stanford, Cal., for petitioner-appellant.

Patricia J. Schaeffer, Asst. Atty. Gen., State of Mont., Helena, Mont., for respondents-appellees.

Before GOODWIN, Chief Judge, and WALLACE, HUG, TANG, FLETCHER, ALARCON, CANBY, REINHARDT, NOONAN, THOMPSON and TROTT, Circuit Judges.

Argued En Banc and Submitted July 20, 1988.

DAVID R. THOMPSON, Circuit Judge:

Dewey E. Coleman, a Montana state prisoner who has been sentenced to death for the crime of aggravated kidnapping, appeals from the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse his sentence of death and remand for resentencing.

I

FACTS AND PRIOR PROCEEDINGS

The facts upon which Dewey Coleman...

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