Dwayne Earl Bartholomew v. Tana Wood, Superintendent of the Washington State Penitentiary

96 F.3d 1451 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwayne Earl BARTHOLOMEW, Petitioner-Appellant, v. Tana WOOD, Superintendent of the Washington State Penitentiary, Respondent-Appellee. No. 93-35549. United States Court of Appeals, Ninth Circuit. Aug. 29, 1996. Before: WRIGHT, PREGERSON, * and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Dwayne Bartholomew, a Washington state prisoner, was convicted of aggravated first-degree murder. Although he was originally sentenced to death, the Washington Supreme Court reversed his sentence, and he received a sentence of life without possibility of parole in a sentencing retrial. After exhausting his state remedies, he filed a habeas corpus petition, which the district court denied. On appeal, we reversed, finding that the state violated due process by failing to disclose that one of its two principal witnesses on the issue of petitioner's premeditation had failed a polygraph test. 34 F.3d 870 (9th Cir.1994). 1 The Supreme…