JAMES HEFFLEY, APPELLANT,
v.
CARL HOCKER, WARDEN NEVADA STATE PRISON, APPELLEE
JAMES HEFFLEY, APPELLANT,
CARL HOCKER, WARDEN NEVADA STATE PRISON, APPELLEE
429 F.2d 1321
United States Court of Appeals for the Ninth Circuit (1970)
Cited by 7 cases
Opinion of the Court
PER CURIAM:
On December 9, 1969, Judge Powell dissenting, we reversed a district court order which had denied relief in this habeas corpus proceeding and remanded the cause to the district court for further proceedings. On June 29, 1970, the United States Supreme Court, sub nom. Hocker v. Heffley, 399 U.S. 521, 90 S.Ct. 2236, 26 L.Ed.2d 780, vacated our judgment and remanded the cause to this court for further consideration in light of Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, decided June 22, 1970.
The rationale of Chambers v. Maroney requires us to hold that the search and seizure here in question was valid under the Fourth Amendment, made applicable to the states by the Fourteenth Amendment. All of Heffley’s points on appeal are predicated upon his contention, which must now be rejected, that such search and seizure was illegal. Accordingly, the order dismissing the habeas proceeding is
Affirmed.
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United States v. Mitchell, 458 F.2d 960 (9th Cir. 1972)
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Retail Clerks Union v. Retail Clerks Int'l Ass'n, 479 F.2d 54 (9th Cir. 1973)
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Local Union 13410 v. United Mine Workers of Am., 475 F.2d 906 (D.C. Cir. 1973)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chambers v. Maroney, 399 U.S. 42 (U.S. 1970)
- Hocker v. Heffley, 399 U.S. 521 (U.S. 1970)
- Dial v. Fontaine, 399 U.S. 521 (U.S. 1970)