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SCHWENDEMAN v. WALLENSTEIN

No. 91-35626.

971 F.2d 313 (1992)

David SCHWENDEMAN, Petitioner-Appellant, v. Arthur WALLENSTEIN, Director, King County Jail, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted July 7, 1992.

Decided July 27, 1992.

Attorney(s) appearing for the Case

David Allen, Richard Hansen, Todd Maybrown, Allen & Hansen, P.S., Seattle, Wash., for petitioner-appellant.

John M. Jones, Asst. Atty. Gen., Olympia, Wash., for respondent-appellee.

Before: HUG, NOONAN, and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

David Schwendeman appeals the denial of his habeas corpus petition filed under 28 U.S.C. § 2254. He contends the Washington state court jury that convicted him of two counts of vehicular assault was erroneously instructed, in violation of the fourteenth amendment to the United States Constitution. The jury was instructed they could infer Schwendeman had driven in a reckless manner, the predicate act required for his assault convictions...

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