John Garfield Davis, and v. Hoyt C. Cupp, Warden

Ninth Circuit

John Garfield Davis, and v. Hoyt C. Cupp, Warden

411 F.2d 1018, 1969 U.S. App. LEXIS 12560

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 2, 1969

Docket22951_1

StatusPublished

This text of 411 F.2d 1018 (John Garfield Davis, and v. Hoyt C. Cupp, Warden) 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

John Garfield Davis, and v. Hoyt C. Cupp, Warden, 411 F.2d 1018, 1969 U.S. App. LEXIS 12560 (9th Cir. 1969).

Pincite

Opinion

DECISION

PER CURIAM:

Here appellant has had a state post-conviction hearing on several important points and he lost.

It seems to us that in this habeas corpus case on the federal side, the District Judge wisely declined to rehash in a new hearing a proposed repetition of the testimony in the same old field.

Congress could prevent lower federal courts from having anything to do with state convictions and we find no constitutional objection (such as is contended) in giving a dash of validity to state court determinations as is done by 28 U.S.C. § 2254(d).

The order appealed from is affirmed.

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