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Clyde Bates and Manuel Chavez v. Lawrence E. Wilson, Warden of San Quentin Prison

Clyde BATES and Manuel Chavez, Appellants, v. Lawrence E. WILSON, Warden of San Quentin Prison, Appellee

Bates v. Wilson, 406 F.2d 555 (9th Cir. 1969)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
January 14, 1969
Docket
No. 21366
Judges
Browning, Ely, Belloni
Citations
406 F.2d 5551969 U.S. App. LEXIS 9356

Opinion — Per Curiam

PER CURIAM:

On November 20, 1967, we issued an opinion in which the District Court’s denial of the appellants’ petitions for habeas corpus was affirmed. 385 F.2d 771 (9th Cir. 1967). Thereafter, the Supreme Court announced its decisions in Burgett v. Texas, 389 U.S. 109 , 88 S.Ct. 258 , 19 L.Ed.2d 319 (1967), Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), and Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 (1968). The Supreme Court has now vacated our decision of November 20, 1967, and directed us to reconsider the petitioners’ appeal in the light of its above cited decisions. Bates v. Nelson, 393 U.S. 16 , 89 S.Ct. 50 , 21 L.Ed.2d 21 (Oct. 14, 1968). We think it appropriate that the District Court should have the first opportunity to reconsider the problems in the light of newly announced principles which now apply.

*556 The District Court’s order denying the appellants’ petitions for habeas corpus will be vacated, and the District Court will conduct such further proceedings as are required by the Supreme Court’s directive.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1973: 11974: 119732026peak 1973 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Bruton v. United States, 391 U.S. 123 (1968) 7,533
Burgett v. Texas, 389 U.S. 109 (1967) 1,264
Roberts v. Russell, 392 U.S. 293 (1968) 501
Bates v. Nelson, 393 U.S. 16 (1968) 12
Lemanski v. Lemanski, 393 U.S. 20 (1968) 18
Bates v. Wilson, 385 F.2d 771 (9th Cir. 1967) 14

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