HART v. STAGNER

No. 86-2793.

935 F.2d 1007 (1991)

Tommy HART, Petitioner-Appellant, v. Allan A. STAGNER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1991.


Attorney(s) appearing for the Case

Margaret J. King, Paul S. Franco, Legal Interns, University of Idaho College of Law, Moscow, Idaho, for petitioner-appellant.

Clifford K. Thompson, Jr., Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before FLETCHER, NORRIS and TROTT, Circuit Judges.


TROTT, Circuit Judge:

Tommy Hart appeals the denial of his petition for a writ of habeas corpus. He raises three claims relating to two trials arising out of a single 28-count information: (1) the district court should have reviewed the entire state court record in conducting harmless error analysis of a jury instruction; (2) the instructional error was not harmless; and (3) his Sixth Amendment right to a fair trial was violated because of extensive pretrial publicity...

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