McKENZIE v. RISLEY

No. 88-3841.

915 F.2d 1396 (1990)

Duncan Peder McKENZIE, Jr., Petitioner-Appellant, v. Henry RISLEY, Warden of the Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 9, 1990.


Attorney(s) appearing for the Case

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, Wash. and Stephanie Ross, Point Roberts, Wash., for petitioner-appellant.

Marc Racicot, Atty. Gen., Patricia J. Schaeffer, Asst. Atty. Gen., Helena, Mont., for respondent-appellee.

Before WRIGHT, NORRIS and BEEZER, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Duncan McKenzie, a state prisoner, appeals the denial of his petition for a writ of habeas corpus. In his petition, McKenzie claimed that his death sentence should be vacated due to an ex parte meeting between the prosecutor and the trial judge prior to sentencing. The district court granted the state's motion for summary judgment and denied McKenzie's petition. Because we hold that the district court applied an incorrect legal standard...

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