Granton Stanwood McHenry v. Lawrence E. Wilson, Warden, California State Prison, San Quentin

403 F.2d 711, 1968 U.S. App. LEXIS 6156

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 11, 1968
• Docket: 22255_1
• Status: Published

Opinion

PER CURIAM:

Appellant, a State prisoner, sought habeas corpus relief from the California State Superior Court and his application was denied without a hearing. Subsequently, the California District Court of Appeals and Supreme Court denied his applications for habeas corpus without a hearing. Appellant then filed an application for habeas corpus in the court below and it likewise denied relief without a hearing.

The record reflects that Appellant alleges facts outside the record of the State Court proceedings, which, if true, would entitle him to the relief sought.

The judgment is reversed. The case is remanded to the District Court for an evidentiary hearing. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. For such a hearing, Appellant is entitled to counsel.