OSTROSKY v. STATE OF ALASKA

No. 89-35173.

913 F.2d 590 (1990)

Harold C. OSTROSKY, Petitioner-Appellee, v. STATE OF ALASKA; Roger V. Endell, Commissioner of Corrections, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1990.


Attorney(s) appearing for the Case

Sidney K. Billingslea, Asst. Federal Public Defender, Anchorage, Alaska, for petitioner-appellee.

Cynthia M. Hora, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, Alaska, for respondents-appellants.

Before BROWNING, SCHROEDER and FLETCHER, Circuit Judges.


FLETCHER, Circuit Judge:

The State of Alaska and Roger V. Endell, Commissioner of Corrections, appeal the district court's grant of Harold Ostrosky's writ of habeas corpus. The district court held that the State of Alaska denied Ostrosky his right to due process under the fourteenth amendment because he had a right to rely on a prior Alaska superior court decision declaring the statute under which he was convicted unconstitutional, although the decision was pending...

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