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SPICER v. GREGOIRE

No. 98-35884.

194 F.3d 1006 (1999)

David C. SPICER, Petitioner-Appellant, v. Christine GREGOIRE; Tana Wood, Superintendent, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed September 8, 1999.

Order Filed October 19, 1999.

Attorney(s) appearing for the Case

Thomas M. Kummerow, Michael Mittlestat, Seattle, Washington, for the petitioner-appellant.

Thomas J. Young, Daniel Judge, Assistant Attorney General, Olympia, Washington, for the respondents-appellees.

Before: LAY, GOODWIN and McKEOWN, Circuit Judges.

ORDER

GOODWIN, Circuit Judge:

Appellant's request for publication is GRANTED. The memorandum disposition filed September 8, 1999, is redesignated as an authored opinion by Judge Goodwin.

OPINION

David C. Spicer appeals from the district court's denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction for second-degree rape. Spicer contends that the state trial court's jury instruction, which...

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