Imbler v. State of California, 24884.
Decision Date | 05 May 1970 |
Docket Number | No. 24884.,24884. |
Citation | 424 F.2d 631 |
Parties | Paul K. IMBLER, Petitioner-Appellee, v. STATE OF CALIFORNIA, Respondent-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
Thomas S. Karrigan, Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen. of California, Los Angeles, Cal., for appellant.
Roger S. Hamson, Woodland Hills, Cal., for appellee.
Before CHAMBERS, TUTTLE* and BROWNING, Circuit Judges.
The district court ordered petitioner-appellee's application for habeas corpus granted unless the State instituted proceedings to retry petitioner within sixty days. Imbler v. Craven, 298 F.Supp. 795, 812 (C.D.Calif.1969). Respondent-appellant contends that the district court failed to give the factual findings of the state court (see In re Imbler, 60 Cal.2d 554, 35 Cal.Rptr. 293, 387 P.2d 6 (1963)), the weight to which they are entitled under 28 U.S.C. § 2254(d), as amended November 2, 1966, Pub.L. 89-711, § 2, 80 Stat. 1105.
The identical contention was advanced on petition for rehearing in the district court. It was rejected by the district court with this comment:
The district court's comment, so far as it went, accurately defined the court's obligation under 28 U.S.C. § 2254(d) to accept as presumptively correct the prior determination by the state court of a "factual issue."
As the Supreme Court said in Townsend v. Sain, 372 U.S. 293, 309 n. 6, 83 S.Ct. 745, 755 n. 6, 9 L.Ed.2d 770 (1963): ...
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