Keith Milton Rhinehart v. B. J. Rhay, Superintendent, Washington State Penitentiary, Keith Milton Rhinehart v. B. J. Rhay, Superintendent, Washington State Penitentiary

440 F.2d 718 Keith Milton RHINEHART, Petitioner-Appellee, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Respondent-Appellant. Keith Milton RHINEHART, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Respondent-Appellee. No. 26301. No. 26098. United States Court of Appeals, Ninth Circuit. March 11, 1971. As Modified on Denial of Rehearing April 14, 1971. Malcolm Edwards, Seattle, Wash., for Keith Milton Rhinehart. Stephen C. Way, and Lee D. Rickabaugh, Asst. Attys. Gen., Slade Gorton, Atty. Gen., Olympia, Wash., for B. J. Rhay. Before KOELSCH, CARTER and WRIGHT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 This case has a prolonged history of consideration by both state and federal trial and appellate courts. At this stage, Rhay appeals from a judgment of the federal district court ordering that the state conviction of Rhinehart be vacated unless the state should re-try him within sixty days. 2 We reverse because we believe that the ruling of the district court poses a standard of state prosecutorial conduct which is unrealistic. * 3 I. THE FACTUAL BACKGROUND. 4 Because of the peculiar history of the case and our conclusion…