JAMES HEFFLEY, APPELLANT,
v.
CARL HOCKER, WARDEN NEVADA STATE PRISON, APPELLEE

9th Cir. | 1970-07-13
No. 22661
Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.
429 F.2d 1321 United States Court of Appeals for the Ninth Circuit (1970)
Cited by 7 cases

Opinion of the Court
PER CURIAM:

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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw