James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary

Ninth Circuit

James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary

421 F.2d 1360, 1970 U.S. App. LEXIS 10332

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 12, 1970

Docket23172_1

StatusPublished

This text of 421 F.2d 1360 (James v. Miller v. B. J. Rhay, Superintendent, Washington 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.

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James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary, 421 F.2d 1360, 1970 U.S. App. LEXIS 10332 (9th Cir. 1970).

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Opinion

PER CURIAM:

The order appealed from is vacated.

It is our view that the state should be required to respond and to submit to the *1361 district court the state trial transcript brought here.

We do not reach at this time the bypass issue or the question of whether the trial transcript adequately answers the contentions of appellant’s petition.

Remanded for proceedings consistent with the foregoing.

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PER CURIAM:

The order appealed from is vacated.

It is our view that the state should be required to respond and to submit to the *1361 district court the state trial transcript brought here.

We do not reach at this time the bypass issue or the question of whether the trial transcript adequately answers the contentions of appellant’s petition.

Remanded for proceedings consistent with the foregoing.

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Bluebook (online)

421 F.2d 1360, 1970 U.S. App. LEXIS 10332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-miller-v-b-j-rhay-superintendent-washington-state-ca9-1970.