Ples Elworth Russell v. United States
This text of 321 F.2d 533 (Ples Elworth Russell v. United States) 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.
Opinion
Because of the broad allegations of knowing use of perjured testimony at his (Russell’s) trial, it is our judgment that the district court’s order denying relief must be reversed, and it is so ordered.
The government should be directed to respond to appellant’s petition. Obviously appellant can be required to particularize his claim. Perhaps a deposition taken of appellant would show more clearly whether a hearing need be held, or, if held, whether there is any need for Russell’s presence.
The remand is without limitation as to scope.
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321 F.2d 533, 1963 U.S. App. LEXIS 4679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ples-elworth-russell-v-united-states-ca9-1963.