ZICHKO v. IDAHO

No. 98-35825.

247 F.3d 1015 (2001)

John J. ZICHKO, Petitioner-Appellant, v. State of IDAHO; Larry Wright, Warden; Alan Lance, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2001

As Amended June 5, 2001.


Attorney(s) appearing for the Case

Tom Kummerow, Washington Appellate Project, Seattle, Washington, for the petitioner-appellant.

L. LaMont Anderson, Office of Attorney General, Boise, Idaho, for the respondents-appellees.

Before: DAVID R. THOMPSON, Stephen S. TROTT, and Richard A. PAEZ, Circuit Judges.


Argued and Submitted April 4, 2001 — Seattle, Washington

PAEZ, Circuit Judge:

John J. Zichko appeals from the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He is seeking relief from the judgment of conviction entered against him on June 2, 1987, for raping his minor daughter. This appeal raises preliminarily the question of whether a habeas petitioner may challenge an underlying, expired rape conviction...

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