HARRIS v. WRIGHT

No. 94-35365.

93 F.3d 581 (1996)

Michael E. HARRIS, Petitioner-Appellant, v. Robert WRIGHT, Superintendent, Clallam Bay Correction Center, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1996.


Attorney(s) appearing for the Case

Cynthia M. Boersma, William I. Lee, Tacoma, Washington, for petitioner-appellant.

Christine O. Gregoire, Attorney General, Paul D. Weisser, Assistant Attorney General, Olympia, Washington, for respondent-appellee.

Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges.


KOZINSKI, Circuit Judge.

The principal question presented is whether a fifteen-year-old murderer may be sentenced to mandatory life imprisonment without possibility of parole.

I

One afternoon in 1987, Michael Harris, age 15, and Barry Massey, age 13, went to Paul Wang's store to rob it. ER at 8, 10, 13 (Washington Superior Court Memorandum Decision). Along the way, the two discussed how to use the pistol Harris had brought along. Massey proposed...

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