Buck Buster, and v. Carl Hocker, Warden, Nevada State Prison

Ninth Circuit

Buck Buster, and v. Carl Hocker, Warden, Nevada State Prison

428 F.2d 820, 1970 U.S. App. LEXIS 8359

Court of Appeals for the Ninth Circuit·Decided July 2, 1970·No. 24416·Published·Cited by 5 cases

Opinion

PER CURIAM:

The order of the district court denying habeas corpus relief is affirmed.

In our view, Rodriguez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340, is not necessarily applicable on federal habeas corpus review of state convictions.

Although counsel neglected to complete the state appeal, before we should interfere there should be a showing that there was a valid point that was lost by not taking the state appeal. The point that was lost here for Buster was a contention that he was interrogated in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.

We agree with the district court that the record before it shows that Buster’s interrogation at the time was not custodial. Here examination of the state record was enough without an evidentiary hearing.

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PER CURIAM:

The order of the district court denying habeas corpus relief is affirmed.

In our view, Rodriguez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340, is not necessarily applicable on federal habeas corpus review of state convictions.

Although counsel neglected to complete the state appeal, before we should interfere there should be a showing that there was a valid point that was lost by not taking the state appeal. The point that was lost here for Buster was a contention that he was interrogated in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.

We agree with the district court that the record before it shows that Buster’s interrogation at the time was not custodial. Here examination of the state record was enough without an evidentiary hearing.

Buck Buster, and v. Carl Hocker, Warden, Nevada State Prison, 428 F.2d 820, 1970 U.S. App. LEXIS 8359 (9th Cir. 1970).

Pincite

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Opinion

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