HEINZ v. McNUTT

582 F.2d 1190 Gordon Franklin HEINZ, Petitioner-Appellee, v. Harlan McNUTT, as successor to Charles Morris as Secretary of State of Washington State Department of Social and Health Services, Bruce Johnson, Jack Berry, Eugene Corr, George Johnson, Ross Peterson and Helen Radcliff, Members of the State Board of Prison Terms and Paroles, Respondents-Appellants. No. 77-2632. United States Court of Appeals, Ninth Circuit. Sept. 1, 1978. Rehearing Denied Oct. 2, 1978. Nate D. Mannakee, Asst. Atty. Gen. (argued), Olympia, Wash., for respondents-appellants. John H. Hertog, Jr. (argued), Walla Walla, Wash., for petitioner-appellee. Appeal from the United States District Court for the Western District of Washington. Before HUFSTEDLER, WRIGHT and KENNEDY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Appellants, the Secretary of the State of Washington, the State Department of Social and Health Services, and members of the Washington Board of Prison Terms and Paroles (Parole Board) appeal from the district court's grant of Heinz's petition for a writ of habeas corpus. We affirm. FACTS 2 In 1962, Heinz was convicted of second degree burglary and sentenced to 15 years imprisonment. He was…