Noyes Russell Howard v. James Blodgett, Superintendent, Washington State Penitentiary

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Noyes Russell HOWARD, Petitioner-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary, Respondent-Appellee. No. 92-36993. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1993. Decided Dec. 10, 1993. Before: GOODWIN, SCHROEDER, and PREGERSON, Circuit Judges. 1 MEMORANDUM * 2 This is an appeal from the dismissal of a petition for habeas corpus. The petitioner, Noyes Russell Howard, was convicted of first degree murder in the death of his wife in 1975, and he is currently serving a life sentence in the state of Washington. 3 The petitioner's contentions center around the fact that he was not charged with the murder until approximately ten years after the death, and the trial did not commence until approximately 12 years after the death. His principal contention on appeal is that the district court erred in holding that the delay between the death and his trial…