Townzen v. Craven, 26450.
| Decision Date | 02 June 1971 |
| Docket Number | No. 26450.,26450. |
| Citation | 444 F.2d 315 |
| Parties | Felix Eugene TOWNZEN, Appellant, v. Walter E. CRAVEN, Warden, Folsom State Prison, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Robert S. Draper, Los Angeles, Cal., for appellant.
Evelle J. Younger, Atty. Gen. of Cal., John T. Murphy, Michael Buzzell, Deputy Atty. Gen., San Francisco, Cal., for appellee.
Before HAMLEY, KOELSCH and TRASK, Circuit Judges.
Felix Eugene Townzen, a California state prisoner, appeals from an order, entered without hearing, denying his application for a writ of habeas corpus.
Townzen was sentenced to state prison in California on April 25, 1958, following his conviction on three charges: armed robbery (five years to life), grand theft auto (two to ten years), and escape from county jail (two to ten years). The expiration date of his sentence was later set for February 9, 1968, and, on March 21, 1966, he was released from prison on parole. Townzen violated his parole by leaving California. Thereafter, on March 10, 1967, the California Adult Authority suspended his parole, and reset Townzen's sentence at life imprisonment. At the same time, the Authority ordered Townzen's return to custody.
On April 12, 1967, Townzen was arrested in Houston, Texas, on a misdemeanor charge. On that day Texas authorities notified California authorities by teletype that they had Townzen in custody. Two days later, California authorities notified Texas that Townzen was wanted in California for parole violation. On April 28, 1967, Texas authorities notified California that Townzen was being held on a fugitive warrant which would expire July 12, 1967, and that a Governor's warrant from California would be required to hold Townzen after that date.
Although California authorities thereafter had frequent contacts with Texas authorities, no such warrant was ever issued by California. On September 5, 1967, the Texas charge was dismissed and appellant was released. The Texas records show a notation dated September 5, 1967, reading "This subject not wanted 9-5-67 by California Auth" and a notation dated July 26, 1967, that
On December 15, 1967, California authorites cancelled Townzen's parole. On May 21, 1968 Indianapolis, Indiana, authorities arrested him on a misdemeanor charge. California took custody of him and removed him to California on August 2, 1968, as a parole violator. This was nearly six months after the expiration of the parole term of February 9, 1968.
Prior to commencing this...
To continue reading
Request your trial
-
Nichols v. McCormick
...for habeas relief, since this court is bound by the Montana Supreme Court's interpretation of Montana law. See, Townzen v. Craven, 444 F.2d 315, 316 (9th Cir.1971). Cognizant of the Montana Supreme Court's holding that the weapon enhancement statute does not create a separate substantive of......
- United States v. George
-
LaMere v. Risley
...a presumption of correctness. 28 U.S.C. Sec. 2254(d). We are also bound by state court interpretations of state law. Townzen v. Craven, 444 F.2d 315, 316 (9th Cir.1971). II LaMere's first due process claim is that the prosecution unconstitutionally failed to give him adequate notice that it......
-
Owens v. Wolff
...only questions of law which can be resolved on the basis of undisputed facts an evidentiary hearing is not required. Townzen v. Craven, 444 F.2d 315 (9th Cir. 1971). In other words, no hearing is required or necessary in a federal habeas corpus proceeding in which only legal questions are r......