Rhinehart v. Gunn, 77-3855
| Decision Date | 13 June 1979 |
| Docket Number | No. 77-3855,77-3855 |
| Parties | Stanley Carl RHINEHART, Appellant, v. J. B. GUNN, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John M. Rodriguez, Los Angeles, Cal., for appellant.
Howard J. Schwab, Deputy Atty. Gen., Los Angeles, Cal., for appellee.
Appeal from the United States District Court for the Central District of California.
Before TRASK, GOODWIN and SNEED, Circuit Judges.
Stanley Carl Rhinehart appeals a judgment dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We vacate the judgment and remand the cause to the district court.
Under Meeks v. Craven, 482 F.2d 465, 466-68 (9th Cir. 1973), a state prisoner can successfully attack a state conviction in a federal habeas corpus challenge on self-representation grounds only if the prisoner made an unequivocal demand in the state court to be allowed to represent himself. In the § 2254 proceeding, the district court may rely on the opinion of the state courts on the factual underpinning of federal constitutional issues only as provided in § 2254(d). See Turner v. Chavez, 586 F.2d 111 (9th Cir. 1978). Moreover, this court cannot affirm a district court's judgment dismissing the petition unless the record on appeal shows that the district court reviewed all relevant parts of the state court record. Walker v. Loggins, No. 77-3603, slip op. at 380 (9th Cir. Feb. 1, 1979).
In this case, the district court appears from its judgment to have relied on the opinion of the California Supreme Court to decide the Meeks v. Craven issue of the adequacy of Rhinehart's demand. The record before us contains no findings of fact by the federal court, nor a transcript of any habeas corpus hearing. Therefore, we cannot be satisfied that the district judge made an independent review of all relevant parts of the state court record.
The judgment is vacated, and the case is remanded for further proceedings consistent with Turner v. Chavez, supra, and Walker v. Loggins, supra.
To continue reading
Request your trial
-
Harris v. Pulley
...of the state court record, this court cannot affirm a district court's judgment dismissing a habeas corpus petition. Rhinehart v. Gunn, 598 F.2d 557, 558 (9th Cir. 1979). Where prejudicial pretrial publicity is alleged, the relevant parts of the state court record include, at a minimum, cop......
-
Austad v. Risley
...apply the presumption, the district court must review the state court record or conduct an independent hearing); Rhinehart v. Gunn, 598 F.2d 557, 558 (9th Cir.1979) (per curiam) ("court cannot affirm a district court's judgment dismissing the [habeas] petition unless the record on appeal sh......
-
Lincoln v. Sunn
...are no findings or conclusions, we cannot rest assured that an independent review was conducted in this case. Rhinehart v. Gunn, 598 F.2d 557, 558 (9th Cir.1979) (per curiam). It will therefore be necessary to remand to the district court those of Lincoln's assertions that state a claim for......
-
Knaubert v. Goldsmith
...Townsend v. Sain, 372 U.S. at 319, 83 S.Ct. at 760; Richmond v. Ricketts, 774 F.2d 957, 961 (9th Cir.1985); Rhinehart v. Gunn, 598 F.2d 557, 558 (9th Cir.1979) (per curiam); Turner v. Chavez, 586 F.2d 111, 112 (9th Cir.1978) (per curiam). But see Austad v. Risley, 761 F.2d 1348, 1351-54 (9t......