Paul George Muxen v. Kenneth W. Ducharme, Warden, Washington State Reformatory, and the Attorney General of the State of Washington

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul George MUXEN, Petitioner-Appellant, v. Kenneth W. DUCHARME, Warden, Washington State Reformatory, and The Attorney General of the State of Washington, Respondents-Appellees. No. 91-35974. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1993. * Decided May 12, 1993. Before WRIGHT, CANBY and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Muxen shot and killed a police officer in Washington. The testimony at trial was conflicting. One witness indicated that Muxen attempted to slam the front door on the officer, that the officer resisted, and that they struggled on the front porch, where Muxen pistol-whipped and then shot the officer. Muxen testified that although he did not remember who instigated the scuffle, the officer pushed his way into the house, and they ended up on the porch. Muxen did not recall shooting the officer. A jury convicted Muxen of second degree murder, and he was sentenced…