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IN RE HAVERTY

No. 50077-1.

101 Wn.2d 498 (1984)

681 P.2d 835

In the Matter of the Personal Restraint of JOHN G. HAVERTY, Petitioner.

The Supreme Court of Washington, En Banc.

May 3, 1984.

Attorney(s) appearing for the Case

Gene M. Grantham, for petitioner.

Norm Maleng, Prosecuting Attorney, J. Robin Hunt, Senior Deputy, Robert Weppner, Special Deputy, and Deborah J. Phillips, Deputy, for respondent.

PEARSON, J.

Petitioner John G. Haverty challenges the constitutionality of jury instructions used in his convictions of burglary and attempted burglary in 1977 and 1975. He claims that the challenged instructions are unconstitutional under Sandstrom v. Montana, 442 U.S. 510, 61 L.Ed.2d 39, 99 S.Ct. 2450 (1979), and that Sandstrom should be applied retroactively to his trials...

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