NATHAN ELMONT ELI, PETITIONER-APPELLANT,
v.
LOUIS S. NELSON, WARDEN, CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT-APPELLEE
NATHAN ELMONT ELI, PETITIONER-APPELLANT,
LOUIS S. NELSON, WARDEN, CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT-APPELLEE
498 F.2d 1340
United States Court of Appeals for the Ninth Circuit (1974)
Caution
Cited by 2 cases
Opinion of the Court
The district court order denying habeas corpus relief on a state judgment is affirmed. See Eli v. Nelson, 360 F.Supp. 225 (N.D.Cal.1973).
The district court examined the state court record and was satisfied that questions concerning Eli’s confession were adequately explored by the state court.
We conclude that the federal district court ruling that no evidentiary hearing was necessary was within its discretion.
The case is pre Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but post Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The district court found on the record that there was no violation of Escobedo. The finding was justified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. Dist. Eng'r, 567 F.2d 1332 (5th Cir. 1978)
-
Joseph G. Moretti, Inc. v. Hoffman, 526 F.2d 1311 (5th Cir. 1976)
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)