Walter E. Craven, Warden, Folsom State Prison v. Billy Norman Grimm

Ninth Circuit

Walter E. Craven, Warden, Folsom State Prison v. Billy Norman Grimm

412 F.2d 230, 1969 U.S. App. LEXIS 11652

Court of Appeals for the Ninth Circuit·Decided July 2, 1969·No. 22275·Published

Opinion

PER CURIAM:

The appellee is a California state prisoner. After he exhausted his state remedies, he filed a petition for habeas corpus in the District Court. 28 U.S.C. § 2241. An evidentiary hearing was conducted. The district judge resolved the factual inquiry in favor of the appellee, and the state appeals.

We are not persuaded that we should reverse. District Judge Zirpoli carefully explained the basis of his conclusion that the state conviction was grounded upon evidence obtained in a federally impermissible manner. The conclusion is supported by factual determinations and we cannot, on the record, hold that the determinations were clearly erroneous.

Affirmed.

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PER CURIAM:

The appellee is a California state prisoner. After he exhausted his state remedies, he filed a petition for habeas corpus in the District Court. 28 U.S.C. § 2241. An evidentiary hearing was conducted. The district judge resolved the factual inquiry in favor of the appellee, and the state appeals.

We are not persuaded that we should reverse. District Judge Zirpoli carefully explained the basis of his conclusion that the state conviction was grounded upon evidence obtained in a federally impermissible manner. The conclusion is supported by factual determinations and we cannot, on the record, hold that the determinations were clearly erroneous.

Affirmed.

Walter E. Craven, Warden, Folsom State Prison v. Billy Norman Grimm, 412 F.2d 230, 1969 U.S. App. LEXIS 11652 (9th Cir. 1969).

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Opinion

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