James Heffley v. Carl Hocker, Warden Nevada State Prison

Ninth Circuit

James Heffley v. Carl Hocker, Warden Nevada State Prison

429 F.2d 1321, 1970 U.S. App. LEXIS 8212

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 13, 1970

Docket22661_1

StatusPublished

Cited by11 cases

This text of 429 F.2d 1321 (James Heffley v. Carl Hocker, Warden Nevada State Prison) 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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James Heffley v. Carl Hocker, Warden Nevada State Prison, 429 F.2d 1321, 1970 U.S. App. LEXIS 8212 (9th Cir. 1970).

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Opinion

PER CURIAM:

On December 9, 1969, Judge Powell dissenting, we reversed a district court order which had denied relief in this habeas corpus proceeding and remanded the cause to the district court for further proceedings. On June 29, 1970, the United States Supreme Court, sub nom. Hocker v. Heffley, 399 U.S. 521, 90 S.Ct. 2236, 26 L.Ed.2d 780, vacated our judgment and remanded the cause to this court for further consideration in light of Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, decided June 22, 1970.

The rationale of Chambers v. Maroney requires us to hold that the search and seizure here in question was valid under the Fourth Amendment, made applicable to the states by the Fourteenth Amendment. All of Heffley’s points on appeal are predicated upon his contention, which must now be rejected, that such search and seizure was illegal. Accordingly, the order dismissing the habeas proceeding is

Affirmed.

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PER CURIAM:

On December 9, 1969, Judge Powell dissenting, we reversed a district court order which had denied relief in this habeas corpus proceeding and remanded the cause to the district court for further proceedings. On June 29, 1970, the United States Supreme Court, sub nom. Hocker v. Heffley, 399 U.S. 521, 90 S.Ct. 2236, 26 L.Ed.2d 780, vacated our judgment and remanded the cause to this court for further consideration in light of Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, decided June 22, 1970.

The rationale of Chambers v. Maroney requires us to hold that the search and seizure here in question was valid under the Fourth Amendment, made applicable to the states by the Fourteenth Amendment. All of Heffley’s points on appeal are predicated upon his contention, which must now be rejected, that such search and seizure was illegal. Accordingly, the order dismissing the habeas proceeding is

Affirmed.

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429 F.2d 1321, 1970 U.S. App. LEXIS 8212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-heffley-v-carl-hocker-warden-nevada-state-prison-ca9-1970.

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