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BEAM v. PASKETT

No. 90-35616.

3 F.3d 1301 (1993)

Albert Ray BEAM, Petitioner-Appellant, v. David PASKETT, Warden, Idaho State Prison-Boise, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended November 16, 1993.

As Amended on Denial of Rehearing and Suggestion for Rehearing December 7, 1993.

Attorney(s) appearing for the Case

David Skeen, Port Townsend, WA and Gar Hackney, Lynn, Scott, Hackney & Jackson, Boise, ID, for petitioner-appellant.

Lynn E. Thomas, Boise, ID, for respondent-appellee.

Before: NELSON, BOOCHEVER, and REINHARDT, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc December 7, 1993.

REINHARDT, Circuit Judge:

In 1983, the petitioner, Albert Ray Beam, and Michael Shawn Scroggins were charged with the rape and murder of thirteen-year old Mondi Lenten. Each of the defendants, during the course of the proceedings, attempted to place the blame for the crime on the other, and a central issue in the case was which of the two was primarily responsible for...

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