United States Court of Appeals,
Ninth Circuit.
Robert A. McClure, Petitioner Appellant,
v.
Frank Thompson, Respondent-Appellee
A brief overview to the case we will review is basically the petitioner, convicted in state court of three counts of aggravated murder, sought federal habeas relief. The United States District Court for the District of Oregon denied the petition. The Petitioner appealed. The Court of Appeals Circuit Judge held that: the district court’s finding that petitioner consented to his counsel’s disclosure of confidential information of the locations of bodies of two murder victims was not clearly incorrect, that counsel did not advise petitioner of potential harmful consequences of disclosure; invalidating consent, that counsel reasonably believed that disclosure was necessary to prevent further criminal acts, and that counsel did not act under conflict of interest.
On April 24th, 1984, the body of Carol Jones was found in her home. She lived in Grant Pass, Oregon. Jones had been hit numerous amounts of times on the head, arms, and hands with a blunt object. There was a gun cabinet in the home that had been forced open. The cabinet had a .44 caliber revolver missing from it. Two of Carol Jones children were missing. Michael age 14 and Carol age 10. Investigators found bloody fingerprints of Robert A. McClure, a friend of Carol Jones, all through Jones home. The police arrested Robert McClure on April 28, 1984. They arrested him in connection with the death of Carol Jones and her missing children. On the same day Robert McClure’s mother contacted attorney Christopher Mecca and asked him to represent her son. In the next three days McClure revealed to Mecca the separate remote locations where the children could be found. This reveal is described differently by McClure and Mecca. Both Mecca and McClure agree that they met at the jail and spoke on the telephone a number of occasions between April 28, and May 1. However,...