Stiltner v. Rhay, 20484.
| Decision Date | 29 July 1966 |
| Docket Number | No. 20484.,20484. |
| Citation | 367 F.2d 148 |
| Parties | Douglas STILTNER, Appellant, v. B. J. RHAY, Superintendent of Washington State Penitentiary at Walla Walla, Washington, et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
William A. Franke, Spokane, Wash., for appellant.
John J. O'Connell, Atty. Gen. of Washington, Olympia, Wash., for appellees.
Before CHAMBERS, BARNES an BROWNING, Circuit Judges.
We affirm the order of the district court, 258 F.Supp. 487, dismissing appellant's application for writ of habeas corpus upon the grounds stated in the district court's opinion of June 28, 1965. With respect to the allegation that appellant's plea of guilty was coerced, we add that we have examined the record of the state evidentiary hearing, upon which the parties stipulated the present petitions might be decided (as noted in the district court's order of November 23, 1964), and we are satisfied that the district court's conclusion that appellant's plea was voluntary is fully supported.
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Lathrop v. Brewer
...751 (1972). However, contrary to earlier thinking on this subject, such as Stiltner v. Rhay, 258 F.Supp. 487 (W.D.Wash.1965), aff'd 367 F.2d 148, cert. den. 385 U.S. 941, 87 S.Ct. 310, 17 L.Ed.2d 220, and Kostal v. Tinsley, 337 F.2d 845 (10th Cir. 1964), which held such discretion to be bey......
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Eaton v. Capps, 73-1585 Summary Calendar.
...really indicating what proposition they support, the cases following: Stiltner v. Rhay, E.D.Wash., 1965, 258 F.Supp. 487, affirmed 9 Cir.1966, 367 F.2d 148; Arketa v. Wilson, 9 Cir. 1967, 373 F.2d 582; Rhea v. Edwards, M.D.Tenn.1955, 136 F.Supp. 671; Duncombe v. New York, S.D.N.Y.1967, 267 ......
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Niemann v. Parratt
...be granted. See Johnson v. Arizona, 462 F.2d 1352 (9th Cir. 1972); Stiltner v. Rhay, 258 F.Supp. 487, 491 (E.D.Wash.1965), Aff'd, 367 F.2d 148 (9th Cir.), Cert. denied, 385 U.S. 941, 87 S.Ct. 310, 17 L.Ed.2d 220 (1966). Therefore, we must examine the merits of Niemann's Neb.Rev.Stat. § 28-4......
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Miesbauer v. Rhay
...not only that a right was denied him but that he was prejudiced thereby. Stiltner v. Rhay, 258 F.Supp. 487 (S.D.Wash.1965), aff'd 367 F.2d 148 (9th Cir. 1966), cert. denied 385 U.S. 941, 87 S.Ct. 310, 17 L.Ed.2d 220 (1966). As our decisions have shown, in order to persuade the court to set ......