Elbert Earl Williams v. Louis S. Nelson, Warden

Ninth Circuit

Elbert Earl Williams v. Louis S. Nelson, Warden

435 F.2d 1293

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 4, 1971

Docket25550

StatusPublished

This text of 435 F.2d 1293 (Elbert Earl Williams v. Louis S. Nelson, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elbert Earl Williams v. Louis S. Nelson, Warden, 435 F.2d 1293 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

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

At the petitioner’s first state trial, a witness testified against him and apparently was competently and thoroughly cross examined. At his second state trial, the same witness claimed and received the protection of the Fifth Amendment when she refused to testify. So the state put in the record her testimony at the first trial.

Under the circumstances here, the right of confrontation at the first trial’ was sufficient. See United States v. Mobley, 5 Cir., 421 F.2d 345, and Jones v. California, 9 Cir., 364 F.2d 522.

Other points, which we do not list, we find without merit.

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