E. J. Corum v. Jacob B. Gunn, Warden

Ninth Circuit

E. J. Corum v. Jacob B. Gunn, Warden

545 F.2d 645

Court of Appeals for the Ninth Circuit·Decided September 2, 1976·No. 75-2308·Published

Opinion

PER CURIAM:

Petitioner, a prisoner in state custody, appeals from the denial of his petition for a writ of habeas corpus. This Court has jurisdiction under 28 U.S.C. § 2253.

The issue raised by petitioner, that he was denied effective assistance of counsel at his 1963 conviction for kidnapping, was fully litigated at a state court hearing in 1971 when petitioner sought to strike his 1963 conviction as a prior offense. The state court determined that issue against petitioner, and the district court properly presumed that finding to be valid. 28 U.S.C. § 2254(d); Hill v. Nelson, 466 F.2d 1346 (9th Cir. 1972).

The judgment of the district court is affirmed.

AFFIRMED.

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PER CURIAM:

Petitioner, a prisoner in state custody, appeals from the denial of his petition for a writ of habeas corpus. This Court has jurisdiction under 28 U.S.C. § 2253.

The issue raised by petitioner, that he was denied effective assistance of counsel at his 1963 conviction for kidnapping, was fully litigated at a state court hearing in 1971 when petitioner sought to strike his 1963 conviction as a prior offense. The state court determined that issue against petitioner, and the district court properly presumed that finding to be valid. 28 U.S.C. § 2254(d); Hill v. Nelson, 466 F.2d 1346 (9th Cir. 1972).

The judgment of the district court is affirmed.

AFFIRMED.

E. J. Corum v. Jacob B. Gunn, Warden, 545 F.2d 645 (9th Cir. 1976).

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Opinion

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