MAK v. BLODGETT

Nos. 91-35256, 91-35615.

970 F.2d 614 (1992)

Kwan Fai MAK, Petitioner-Appellee-Cross-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary at Walla Walla, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1992.


Attorney(s) appearing for the Case

Kathryn Lund Ross, Jones, Ross, Besman & Connolly, Lynnwood, Wash., John Midgley, Evergreen Legal Services, Seattle, Wash., for petitioner-appellee-cross-appellant.

Paul D. Weisser, Asst. Atty. Gen., Olympia, Wash., for respondent-appellant-cross-appellee.

Before BROWNING, TANG, and T.G. NELSON, Circuit Judges.


PER CURIAM:

I

OVERVIEW

Kwan Fai ("Willie") Mak was convicted of murder and aggravated assault and sentenced to death in a Washington court. He subsequently filed this federal habeas corpus petition challenging the constitutionality of both his conviction and his sentence. The district court denied relief with regard to his conviction, but granted the writ with regard to his sentence, finding that Mak had...

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