Albert J. Tooker v. State of Montana and W. J. Estelle, Warden

Ninth Circuit

Albert J. Tooker v. State of Montana and W. J. Estelle, Warden

456 F.2d 262

Court of Appeals for the Ninth Circuit·Decided October 14, 1971·No. 26231·Published

Opinion

PER CURIAM:

The order dismissing Tooker’s petition for habeas corpus is affirmed.

Tooker has had an evidentiary hearing in the state district court on most of the issues which the federal district court has determined not to disturb. Tooker v. Estelle, decided June 5, 1970, 332 F. Supp. 245.

The deposition point is precluded by Barber v. Page, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed.2d 255 (1968). On the transcript point, the request for a transcript came long after the right to take a state appeal had expired. In such circumstances, the right to a transcript is not always automatic. See Hines v. Baker, 422 F.2d 1002 (10th Cir. 1970). Other issues we also find without merit.

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PER CURIAM:

The order dismissing Tooker’s petition for habeas corpus is affirmed.

Tooker has had an evidentiary hearing in the state district court on most of the issues which the federal district court has determined not to disturb. Tooker v. Estelle, decided June 5, 1970, 332 F. Supp. 245.

The deposition point is precluded by Barber v. Page, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed.2d 255 (1968). On the transcript point, the request for a transcript came long after the right to take a state appeal had expired. In such circumstances, the right to a transcript is not always automatic. See Hines v. Baker, 422 F.2d 1002 (10th Cir. 1970). Other issues we also find without merit.

Albert J. Tooker v. State of Montana and W. J. Estelle, Warden, 456 F.2d 262 (9th Cir. 1971).

Pincite

456 F.2d 262 (Albert J. Tooker v. State of Montana and W. J. Estelle, Warden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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