Joseph L. Dyer v. Lawrence E. Wilson, Warden

Ninth Circuit

Joseph L. Dyer v. Lawrence E. Wilson, Warden

446 F.2d 900, 1971 U.S. App. LEXIS 8812

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 21, 1971

Docket24836_1

StatusPublished

Cited by7 cases

This text of 446 F.2d 900 (Joseph L. Dyer v. Lawrence E. Wilson, 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.

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Joseph L. Dyer v. Lawrence E. Wilson, Warden, 446 F.2d 900, 1971 U.S. App. LEXIS 8812 (9th Cir. 1971).

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Opinion

PER CURIAM:

Appellant, a California state prisoner, appeals from an order of the district court denying his petition for writ of ha-beas corpus.

Petitioner challenged his convictions of robbery, rape and kidnapping on constitutional grounds. The district court concluded that the petitioner’s allegations were without merit and invoked the presumption of the correctness of state court findings. There is nothing in the record now before us which indicates the district court made an independent review of the record of the state hearing before relying upon the state *901 court findings. It appears that the reporter’s transcript of the state court trial was not even filed or lodged with the district court.

We have held that a federal district court may rely upon state court findings under 28 U.S.C. § 2254(d) in a petition by a state court prisoner for habeas corpus only after an independent review has been made of the transcript of the state hearing. Selz v. California, 423 F.2d 702, 703 (9th Cir. 1970), and other cases.

Reversed and remanded.

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PER CURIAM:

Appellant, a California state prisoner, appeals from an order of the district court denying his petition for writ of ha-beas corpus.

Petitioner challenged his convictions of robbery, rape and kidnapping on constitutional grounds. The district court concluded that the petitioner’s allegations were without merit and invoked the presumption of the correctness of state court findings. There is nothing in the record now before us which indicates the district court made an independent review of the record of the state hearing before relying upon the state *901 court findings. It appears that the reporter’s transcript of the state court trial was not even filed or lodged with the district court.

We have held that a federal district court may rely upon state court findings under 28 U.S.C. § 2254(d) in a petition by a state court prisoner for habeas corpus only after an independent review has been made of the transcript of the state hearing. Selz v. California, 423 F.2d 702, 703 (9th Cir. 1970), and other cases.

Reversed and remanded.

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446 F.2d 900, 1971 U.S. App. LEXIS 8812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-l-dyer-v-lawrence-e-wilson-warden-ca9-1971.

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