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ROBTOY v. KINCHELOE

No. 86-3625.

871 F.2d 1478 (1989)

Michael ROBTOY, Plaintiff-Appellant, v. Lawrence KINCHELOE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1989.

Attorney(s) appearing for the Case

David B. Bukey, Seattle, Wash., for plaintiff-appellant.

Theresa L. Fricke, Asst. Atty. Gen., Dept. of Corrections, Olympia, Wash., for defendant-appellee.

Before POOLE, CANBY and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Michael Robtoy appeals the district court's denial of his petition for a writ of habeas corpus. Robtoy contends that his sentence of life without parole is unconstitutional under United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), because he could not have received such a sentence had he chosen to plead guilty rather than be tried by a jury. Robtoy also contends that the Washington...

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