SMITH v. McCORMICK

No. 88-4115.

914 F.2d 1153 (1990)

Ronald Allen SMITH, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1990.


Attorney(s) appearing for the Case

Cliff Gardner, Fiedler Gardner & Derham, San Francisco, Cal., for petitioner-appellant.

Betsy Brandborg, Asst. Atty. Gen., and Dorothy McCarter, Asst. Atty. Gen., Helena, Mont., for respondents-appellees.

Before FLETCHER, FERGUSON, and FERNANDEZ, Circuit Judges.


FERGUSON, Circuit Judge:

Ronald Smith appeals from the U.S. District Court's summary judgment denying his petition for writ of habeas corpus. Smith, sentenced to death for the murder of two Native American men in Montana, asserts numerous constitutional violations in the sentencing process.

I.

On August 3, 1982, Ronald Smith, then 24 years old, hitched a ride from the town of Red Deer in Alberta, Canada, toward the U.S.-Canadian border. He was accompanied...

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