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

Procedural entryThis page is a short order in Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary. Read the opinion of the Court — 476 F.2d 845 →

Court of Appeals for the Ninth Circuit·Decided January 15, 1974·No. 71-3065·Published

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.

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

Pincite

489 F.2d 734 (Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related