CRACE v. HERZOG

No. 13-35650.

798 F.3d 840 (2015)

Hoyt CRACE, Petitioner-Appellee, v. Robert HERZOG, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2015.


Attorney(s) appearing for the Case

Robert W. Ferguson , Attorney General, Paul D. Weisser (argued), Senior Counsel, Attorney General's Office, Corrections Division, Olympia, WA, for Respondent-Appellant.

Jeffrey Erwin Ellis (argued), Law Offices of Alsept & Ellis, Portland, OR, for Petitioner-Appellee.

Opinion by Judge BYBEE; Dissent by Judge CALLAHAN


OPINION

In 2004, a Washington jury convicted Hoyt Crace of two misdemeanor offenses and one count of attempted second-degree assault — a felony — stemming from an incident in which he brandished a sword at a police officer. The attempted assault conviction...

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