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Buck Buster, and v. Carl Hocker, Warden, Nevada State Prison

Buck BUSTER, Petitioner and Appellant, v. Carl HOCKER, Warden, Nevada State Prison, Appellee

Buck Buster, and v. Carl Hocker,, Nev. State Prison, 428 F.2d 820 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
July 2, 1970
Docket
No. 24416
Judges
Chambers, Carter, Byrne
Citations
428 F.2d 8201970 U.S. App. LEXIS 8359

Opinion — Per Curiam

PER CURIAM:

The order of the district court denying habeas corpus relief is affirmed.

In our view, Rodriguez v. United States, 395 U.S. 327 , 89 S.Ct. 1715 , 23 L.Ed.2d 340 , is not necessarily applicable on federal habeas corpus review of state convictions.

Although counsel neglected to complete the state appeal, before we should interfere there should be a showing that there was a valid point that was lost by not taking the state appeal. The point that was lost here for Buster was a contention that he was interrogated in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 .

We agree with the district court that the record before it shows that Buster’s interrogation at the time was not custodial. Here examination of the state record was enough without an evidentiary hearing.

How later courts describe this case

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

1971: 11974: 11979: 11981: 119712026peak 1971 · 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 2

DepthCaseCited by
Miranda v. Arizona, 384 U.S. 436 (1966) 50,292
Rodriquez v. United States, 395 U.S. 327 (1969) 384

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