Opinion · Court of Appeals for the Ninth Circuit

Granton Stanwood McHenry v. Lawrence E. Wilson, Warden, California State Prison, San Quentin

403 F.2d 711

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1968-07-11
Topic
general

PER CURIAM: Appellant, a State prisoner, sought habeas corpus relief from the California State Superior Court and his application was denied without a hearing. Subsequently, the California District Court of Appeals and Supreme Court denied his applications for habeas corpus without a hearing. Appellant then filed an application for habeas corpus in the court below and it likewise denied relief without a hearing. The record reflects that Appellant alleges facts outside the record of the State Court proceedings, which, if true, would entitle him to the relief sought. The judgment is reversed.

Citator

UpLaw has not yet analyzed Granton Stanwood McHenry v. Lawrence E. Wilson, Warden, California State Prison, San Quentin. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
2 opinions
McHENRY v. WILSON,403 F.2d 711(9th Cir. 1968)
Granton Stanwood McHENRY, Appellant, v. Lawrence E. WILSON, Warden,
California State Prison, San Quentin, Appellee.
No. 22255.
United States Court of Appeals, Ninth Circuit.
July 11, 1968.
Granton S. McHenry, in pro. per.

Thomas C. Lynch, Atty. Gen., Derald E. Granberg, and Michael J. Kelly, Deputy Attys. Gen., San Francisco, Cal., for appellee.
Before BROWNING and CARTER, Circuit Judges, and FOLEY, District Judgefn*.
PER CURIAM:
Appellant, a State prisoner, sought habeas corpus relief from the California State Superior Court and his application was denied without a hearing. Subsequently, the California District Court of Appeals and Supreme Court denied his applications for habeas corpus without a hearing. Appellant then filed an application for habeas corpus in the court below and it likewise denied relief without a hearing.

The record reflects that Appellant alleges facts outside the record of the State Court proceedings, which, if true, would entitle him to the relief sought.

The judgment is reversed. The case is remanded to the District Court for an evidentiary hearing. Townsend v. Sain,372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. For such a hearing, Appellant is entitled to counsel.Page 713
  1. Roger D. Foley, District of Nevada, sitting by designation. ↩