Campbell v. Blodgett

997 F.2d 512 Charles Rodman CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Superintendent of Washington State Penitentiary, Walla Walla, Washington; Kenneth Eikenberry, Attorney General of the State of Washington, Respondents-Appellees. No. 92-35360. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1992. Opinion Filed Dec. 24, 1992. As Amended on Denial of Rehearing and Rehearing En Banc June 8, 1993. David M. Otto, Betts, Patterson & Mines, Seattle, WA, for petitioner-appellant. Paul D. Weisser, and John M. Jones, Asst. Attys. Gen., Olympia, WA, for respondents-appellees. Appeal from the United States District Court for the Western District of Washington. Before HUG, POOLE, and HALL, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Charles Campbell appeals from the district court's dismissal of his third petition for federal habeas relief from his state conviction of three counts of aggravated first degree murder and sentence to death. The district court had jurisdiction to consider the petition under 28 U.S.C. §§ 2241 (a) and 2254, and this Court has jurisdiction over Campbell's appeal under 28 U.S.C. §§ 1291 and…