Gary L. Milligan v. W. T. Stone, Warden

Ninth Circuit

Gary L. Milligan v. W. T. Stone, Warden

548 F.2d 878

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 12, 1977

Docket76-1825

StatusPublished

This text of 548 F.2d 878 (Gary L. Milligan v. W. T. Stone, 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.

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Gary L. Milligan v. W. T. Stone, Warden, 548 F.2d 878 (9th Cir. 1977).

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Opinion

ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F.Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied upon this mistake.

Further, on the facts here one has to reach far to find a trace of a constitutional question.

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ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F.Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied upon this mistake.

Further, on the facts here one has to reach far to find a trace of a constitutional question.

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548 F.2d 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-l-milligan-v-w-t-stone-warden-ca9-1977.

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