McKENZIE v. DAY

No. 95-99006.

57 F.3d 1461 (1995)

Duncan Peder McKENZIE, Jr., Petitioner-Appellant, v. Rick DAY, Director, Department of Corrections and Human Services, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1995.


Attorney(s) appearing for the Case

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, for petitioner-appellant Duncan Peder McKenzie.

Pamela P. Collins, Asst. Atty. Gen., Helena, MT, for respondent-appellee Rick Day.

Before: NORRIS, BEEZER and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge.

Duncan Peder McKenzie has been on death row for two decades. In his third federal habeas petition, he claims inter alia that the state of Montana's inordinate delay in carrying out his sentence constitutes cruel and unusual punishment, a claim similar to that raised in Texas by Clarence Allen Lackey. See Lackey v. Texas, ___ U.S. ___, 115 S.Ct. 1421, 131 L.Ed.2d 304 (1995) (Stevens, J., respecting the denial of certiorari). We...

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