Roy Lee Dimmick v. State of Alaska

460 F.2d 292, 1972 U.S. App. LEXIS 9562

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 15, 1972
• Docket: 72-1137
• Status: Published

Opinion

PER CURIAM:

Dimmick is an Alaska State prisoner. After exhausting his state remedies, he applied for habeas relief in the District Court. After conducting an evidentiary hearing, the District Court denied the sought relief, and Dimmick appeals.

The only question presented is whether Dimmiek has such standing as to benefit from the alleged infringement of the constitutional rights of one who participated in the offense for which Dimmiek was convicted. Under the law of this Circuit, the question must be answered in the negative. See Byrd v. Comstock, 430 F.2d 937 (9th Cir. 1970). Cf. People v. Varnum, 66 Cal.2d 808, 59 Cal.Rptr. 108, 427 P.2d 772 (1967).

Affirmed.