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James v. Miller v. B. J. Rhay, Superintendent, Washington State Penitentiary

James v. MILLER, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Appellee

James v. Miller v. B. J. Rhay, Superintendent, Wash. State Penitentiary, 421 F.2d 1360 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 12, 1970
Docket
No. 23172_1
Judges
Chambers, Koelsch, Per Curiam, Trask
Citations
421 F.2d 13601970 U.S. App. LEXIS 10332

Opinion — Per Curiam

PER CURIAM:

The order appealed from is vacated.

It is our view that the state should be required to respond and to submit to the *1361 district court the state trial transcript brought here.

We do not reach at this time the bypass issue or the question of whether the trial transcript adequately answers the contentions of appellant’s petition.

Remanded for proceedings consistent with the foregoing.

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