GRANTON STANWOOD MCHENRY, APPELLANT,
v.
LAWRENCE E. WILSON, WARDEN, CALIFORNIA STATE PRISON, SAN QUENTIN, APPELLEE
GRANTON STANWOOD MCHENRY, APPELLANT,
LAWRENCE E. WILSON, WARDEN, CALIFORNIA STATE PRISON, SAN QUENTIN, APPELLEE
403 F.2d 711
United States Court of Appeals for the Ninth Circuit (1968)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
Appellant, a State prisoner, sought habeas corpus relief from the California State Superior Court and his application was denied without a hearing. Subsequently, the California District Court of Appeals and Supreme Court denied his applications for habeas corpus without a hearing. Appellant then filed an application for habeas corpus in the court below and it likewise denied relief without a hearing.
The record reflects that Appellant alleges facts outside the record of the State Court proceedings, which, if true, would entitle him to the relief sought.
The judgment is reversed. The case is remanded to the District Court for an evidentiary hearing. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. For such a hearing, Appellant is entitled to counsel.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Granton Stanwood McHENRY v. People OF the State OF Cal., 447 F.2d 470 (9th Cir. 1971)
Authorities Cited
- Townsend v. Sain, 372 U.S. 293 (U.S. 1963)