Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.

Ninth Circuit

Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.

521 F.2d 794, 1975 U.S. App. LEXIS 12840

Court of Appeals for the Ninth Circuit·Decided September 8, 1975·No. 74-2682·Published

Opinion

OPINION

PER CURIAM:

The order denying Medina’s petition for a writ of habeas corpus is vacated, and the cause is remanded for further proceedings. The opinion of this court in Mann v. Smith, 488 F.2d 245 (9th Cir. 1973), cert. denied, 415 U.S. 932, 94 S.Ct. 1445, 39 L.Ed.2d 490 (1974), upon which the district court based its decision, was subsequently overruled by Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975).

Vacated and remanded.

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OPINION

PER CURIAM:

The order denying Medina’s petition for a writ of habeas corpus is vacated, and the cause is remanded for further proceedings. The opinion of this court in Mann v. Smith, 488 F.2d 245 (9th Cir. 1973), cert. denied, 415 U.S. 932, 94 S.Ct. 1445, 39 L.Ed.2d 490 (1974), upon which the district court based its decision, was subsequently overruled by Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975).

Vacated and remanded.

Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst., 521 F.2d 794, 1975 U.S. App. LEXIS 12840 (9th Cir. 1975).

Pincite

521 F.2d 794 (Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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