Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Ninth Circuit

Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

489 F.2d 734

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 15, 1974

Docket71-3065

StatusPublished

This text of 489 F.2d 734 (Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary) 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

Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, 489 F.2d 734 (9th Cir. 1974).

Pincite

Opinion

OPINION ON REMAND

PER CURIAM:

In Naughten’s original appeal to this court, the District Court’s denial of his petition for habeas relief was reversed. 476 F.2d 845 (9th Cir. 1973). The ap-pellee’s petition for rehearing was denied by an equally divided vote of the twelve judges who then constituted this court. Thereafter, the appellee sought, and was granted, a writ of certiorari, and on December 4, 1973, the Supreme Court issued an opinion in which the judgment of our court was reversed. 414 U.S. 141, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973).

The mandate of the Supreme Court was received by the Clerk of our court of January 7, 1974. After reciting that the original judgment of our court is reversed, the Supreme Court’s mandate provides that the cause is “remanded [to our court] for further proceedings in conformity with the opinion of this court.” Only one issue was presented in Naughten’s original appeal, and since that issue has now been finally resolved, adversely to him, the District Court’s Order denying Naughten’s petition for a writ of habeas corpus is Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION ON REMAND

PER CURIAM:

In Naughten’s original appeal to this court, the District Court’s denial of his petition for habeas relief was reversed. 476 F.2d 845 (9th Cir. 1973). The ap-pellee’s petition for rehearing was denied by an equally divided vote of the twelve judges who then constituted this court. Thereafter, the appellee sought, and was granted, a writ of certiorari, and on December 4, 1973, the Supreme Court issued an opinion in which the judgment of our court was reversed. 414 U.S. 141, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973).

The mandate of the Supreme Court was received by the Clerk of our court of January 7, 1974. After reciting that the original judgment of our court is reversed, the Supreme Court’s mandate provides that the cause is “remanded [to our court] for further proceedings in conformity with the opinion of this court.” Only one issue was presented in Naughten’s original appeal, and since that issue has now been finally resolved, adversely to him, the District Court’s Order denying Naughten’s petition for a writ of habeas corpus is Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

489 F.2d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hugh-naughten-v-hoyt-c-cupp-superintendent-oregon-state-penitentiary-ca9-1974.

Opinion

Related

Cite This Page — Counsel Stack