Mak v. Blodgett

970 F.2d 614 61 USLW 2128 Kwan Fai MAK, Petitioner-Appellee-Cross-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary at Walla Walla, Respondent-Appellant-Cross-Appellee. Nos. 91-35256, 91-35615. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 24, 1992. Decided July 16, 1992. Kathryn Lund Ross, Jones, Ross, Besman & Connolly, Lynnwood, Wash., John Midgley, Evergreen Legal Services, Seattle, Wash., for petitioner-appellee-cross-appellant. Paul D. Weisser, Asst. Atty. Gen., Olympia, Wash., for respondent-appellant-cross-appellee. Appeal from the United States District Court for the Western District of Washington. Before BROWNING, TANG, and T.G. NELSON, Circuit Judges. PER CURIAM: 1 * OVERVIEW 2 Kwan Fai ("Willie") Mak was convicted of murder and aggravated assault and sentenced to death in a Washington court. He subsequently filed this federal habeas corpus petition challenging the constitutionality of both his conviction and his sentence. The district court denied relief with regard to his conviction, but granted the writ with regard to his sentence, finding that Mak had received ineffective assistance of counsel during the…