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NORRIS v. RISLEY

No. 87-4280.

918 F.2d 828 (1990)

Robert Lee NORRIS, Petitioner-Appellant, v. Henry RISLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Reopened August 7, 1990.

Resubmitted September 27, 1990.

Decided November 8, 1990.

Attorney(s) appearing for the Case

Robert Lee Norris, Deer Lodge, Mont., in pro per.

Paul D. Johnson, Asst. Atty. Gen., Helena, Mont., for respondent-appellee.

Before: PREGERSON, BOOCHEVER and NOONAN, Circuit Judges.

BOOCHEVER, Circuit Judge:

In this appeal we must decide whether the presence of spectators wearing buttons inscribed with the words "Women Against Rape" at Robert Lee Norris's trial for kidnapping and sexual intercourse without consent deprived him of a fair trial.

I. BACKGROUND

Norris, an inmate at Montana State Prison, is currently serving a ninety-year sentence after his conviction for kidnapping and sexual intercourse without consent....

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