Harold C. Ostrosky v. State of Alaska Roger v. Endell, Commissioner of Corrections

FLETCHER, Circuit Judge:

The State of Alaska and Roger V. Endell, Commissioner of Corrections, appeal the district court’s grant of Harold Ostrosky’s writ of habeas corpus. The district court held that the State of Alaska denied Ostro-sky his right to due process under the fourteenth amendment because he had a right to rely on a prior Alaska superior court decision declaring the statute under which he was convicted unconstitutional, although the decision was pending on appeal before the Alaska Supreme Court. The district court did not rule on Ostro-sky’s other contention, that he has a right…