McGinnis v. Blodgett

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elmer E. McGINNIS; Patrick Gene Hoffman, Petitioners-Appellants, v. James BLODGETT, Deputy Director, Division of Prisons, Department of Corrections; Tana Wood, Superintendent of Washington State Penitentiary; and Attorney General, State of Washington, Respondents-Appellees. No. 94-36152. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Sept. 28, 1995. Before: WRIGHT, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Convicted of first degree assault and aggravated first degree murder in state trial court, McGinnis and Hoffman were sentenced to life imprisonment without possibility of parole. The Washington Supreme Court affirmed their convictions and sentences. The federal district court dismissed their petitions for a writ of habeas corpus. They appeal. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 and affirm. 3 We review de novo the court's denial of a petition…