Collins v. Heinze, 14367.
| Decision Date | 13 December 1954 |
| Docket Number | No. 14367.,14367. |
| Citation | 217 F.2d 62 |
| Parties | John COLLINS, Appellant, v. Robert A. HEINZE, Warden of California State Prison at Folsom, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John Collins, Represa, Cal., in pro. per.
Edmund G. Brown, Atty. Gen., of California, Doris H. Maier, Deputy Atty. Gen. of California, for appellee.
Before ORR and CHAMBERS, Circuit Judges, and YANKWICH, District Judge.
On the grounds and for the reasons stated in its opinion, Collins v. Heinze, D.C.N.D.Cal., 125 F.Supp. 186, the judgment of the District Court is affirmed. An alleged error not covered by the District Court's opinion has been presented, towit, that the District Court erred in refusing to appoint counsel to represent appellant in the presentation of the petition for the writ of habeas corpus in the District Court. A habeas corpus proceeding is in the nature of a civil action and, hence, there is no requirement that counsel be appointed in such a proceeding.
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People v. Collins
...have stipulated the court may take judicial notice, namely, Collins v. Heinze, 125 F.Supp. 186 (D.C.N.D. Calif.), and Collins v. Heinze, (9 C.A.) 217 F.2d 62 (certiorari denied in 349 U.S. 940, 75 S.Ct. 786, 99 L.Ed. In 1954 this appellant sought in the federal court release from Folsom pen......
- Lansden v. Marsh, 3:95-1093.
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Davison v. Joseph Horne & Company
...only, and it has been frequently held that it has no application in a habeas corpus proceedings which is a civil action. Collins v. Heinze, 9 Cir. 1954, 217 F.2d 62, certiorari denied, 349 U.S. 940, 75 S.Ct. 786, 99 L.Ed. 1268, Stidham v. United States, 8 Cir. 1948, 170 F.2d 294, Dorsey v. ......
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Egan v. Teets, 15478.
...138 F.2d 831, certiorari denied, 321 U.S. 794, 64 S.Ct. 785, 88 L.Ed. 1083; Collins v. Heinze, D.C., 125 F.Supp. 186, 190, affirmed, 9 Cir., 217 F.2d 62, certiorari denied, 349 U.S. 940, 75 S.Ct. 786, 99 L.Ed. 1268. In a federal prosecution, a defendant has such a right by virtue of statute......