Campbell v. Blodgett

978 F.2d 1502 Charles CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary, Walla Walla, Washington; Kenneth O. Eikenberry, Attorney General, State of Washington, Respondents-Appellees. No. 89-35210. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 27, 1989. Submission Withdrawn Feb. 21, 1991. Resubmitted March 6, 1992. Decided April 1, 1992. Al Lyon, Mestel & Muenster, Olympia, Wash., Robert Gombiner, Nance, Iaria & Gombiner, Seattle, Wash., Charles Campbell, Monroe, Wash., pro per for petitioner-appellant. Paul D. Weisser and John M. Jones, Asst. Atty. Gen., Olympia, Wash., for respondent-appellee. Appeal from the United States District Court for the Western District of Washington. Before: HUG, POOLE, and HALL, Circuit Judges. PER CURIAM: 1 Campbell was convicted of three counts of aggravated first degree murder and sentenced to death in the State of Washington. He filed a petition for writ of habeas corpus in the federal district court, which was denied and affirmed on appeal. Campbell v. Kincheloe, 829 F.2d 1453 (9th Cir.1987), cert. denied, 488 U.S. 948 , 109 S.Ct. 380 , 102 L.Ed.2d 369 (1988). This…