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Legal Opinion

B. J. Rhay, Superintendent, Washington State Penitentiary v. Don Anthony White

Court of Appeals for the Ninth Circuit

Decided November 28, 1967No. 21328_1PublishedCited by 54 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

We affirm the District Court’s order in habeas corpus directing that appellee White be released from confinement by the Superintendent of the Washington State Penitentiary unless the State of Washington grants him a new trial within 120 days.

White is under conviction and sentence for two offenses of murder committed on the same day and made the subject of trial together. On the first slaying he was found guilty of murder in the first degree and given a death sentence, and on the second he was found guilty of murder in the second degree and given a life sentence.

The…

2Cases cited5 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Pate v. RobinsonSupreme Court of the United States · 1966
  3. State v. WhiteWashington Supreme Court · 1962
  4. In RE WHITE v. RhayWashington Supreme Court · 1964
  5. In RE WHITE v. RhayWashington Supreme Court · 1965

3Cited by54 opinions

  1. State v. KiserTennessee Supreme Court · 2009
  2. Commonwealth v. HillMassachusetts Supreme Judicial Court · 1978
  3. Commonwealth v. VailesMassachusetts Supreme Judicial Court · 1971
  4. Mitchell Thomas Blazak, Petitioner-Appellee-Cross-Appellant v. James R. Ricketts, Donald Wawrzaszek, Respondents-Ap Pellants-Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1993
  5. William Ronald Conner v. John W. Wingo, Warden Kentucky State PenitentiaryCourt of Appeals for the Sixth Circuit · 1970

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