Thomas Hubbard v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Ninth Circuit

Thomas Hubbard v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

357 F.2d 736, 1966 U.S. App. LEXIS 7085

Court of Appeals for the Ninth Circuit·Decided February 23, 1966·No. 20396_1·Published

Opinion

PER CURIAM.

Appellant seeks discharge in habeas corpus from a state conviction. Although appellant alleges his constitutional rights were violated in several ways, he chiefly attacks the admission of certain testimony respecting incriminating statements which were made by him. Appellant’s petition failed to show these alleged incriminating statements. Accordingly the District Court denied his application without hearing upon the ground that the petition failed to show prejudice.

The petitioner’s failure to provide evidence of the incriminating statements has been remedied in this court by the appendix to appellee’s brief. In this ap *737 pendix there appears the unpublished opinion of the State District Court of Appeal on review of the judgment of conviction. The nature of the incriminating statements is set forth in that opinion.

Under these circumstances further consideration by the District Court is warranted.

Reversed and remanded for further proceedings.

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PER CURIAM.

Appellant seeks discharge in habeas corpus from a state conviction. Although appellant alleges his constitutional rights were violated in several ways, he chiefly attacks the admission of certain testimony respecting incriminating statements which were made by him. Appellant’s petition failed to show these alleged incriminating statements. Accordingly the District Court denied his application without hearing upon the ground that the petition failed to show prejudice.

The petitioner’s failure to provide evidence of the incriminating statements has been remedied in this court by the appendix to appellee’s brief. In this ap *737 pendix there appears the unpublished opinion of the State District Court of Appeal on review of the judgment of conviction. The nature of the incriminating statements is set forth in that opinion.

Under these circumstances further consideration by the District Court is warranted.

Reversed and remanded for further proceedings.

Thomas Hubbard v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California, 357 F.2d 736, 1966 U.S. App. LEXIS 7085 (9th Cir. 1966).

Pincite

357 F.2d 736 (Thomas Hubbard v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.