MIDDLETON v. CUPP

No. 84-4100.

768 F.2d 1083 (1985)

Raymond Edward MIDDLETON, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1985.


Attorney(s) appearing for the Case

Steven T. Wax, Federal Public Defender, Portland, Or., for petitioner-appellant.

Brenda J. Peterson, James E. Mountain, Jr., Salem, Or., for respondent-appellee.

Before WALLACE and SNEED, Circuit Judges, and LEGGE, District Judge.


WALLACE, Circuit Judge:

Middleton appeals from a dismissal by the district court of his habeas corpus petition. He argues that the state trial court violated his fourteenth amendment right to due process by allowing the prosecution to elicit certain testimony about a polygraph and by instructing the jury to disregard expert testimony if "any" of the facts relied upon by the expert had not been established. The district court had jurisdiction under 28 U.S.C. §...

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