Duhaime

Washington state prisoner David Du-haime appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition, challenging his sentence of life imprisonment without the possibility of parole imposed pursuant to the former aggravated murder death penalty law RCW § 10.94.010 et seq.

I. FACTS & PROCEDURAL HISTORY

In 1979, David Duhaime was convicted of kidnapping, rape, premeditated murder, and robbery in the first degree while armed with a deadly weapon and firearm, as proscribed by RCW §§ 9A.40.020, 9.79.170, 9A.32.030(1)(a) & 9A.56.200 respectively. Duhaime received a maximum term of fifty years on each of the kidnap *1128 ping and robbery convictions, life imprisonment with the possibility of parole on the rape conviction, and life imprisonment without the possibility of parole on the murder conviction. The kidnapping and robbery sentences were imposed concurrently, but were to run consecutively to the rape and murder life terms.

On February 15, 1980, Duhaime filed an appeal with the Washington Court of Appeals. While the appeal was pending, Du-haime moved to transfer his ease to the Washington Supreme Court, on the ground that his case presented two issues already…