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Joseph L. Dyer v. Lawrence E. Wilson, Warden

Joseph L. DYER, Appellant, v. Lawrence E. WILSON, Warden, Appellee

Dyer v. Wilson, 446 F.2d 900 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
July 21, 1971
Docket
No. 24836_1
Judges
Merrill, Carter, Choy
Citations
446 F.2d 9001971 U.S. App. LEXIS 8812

Opinion — Per Curiam

PER CURIAM:

Appellant, a California state prisoner, appeals from an order of the district court denying his petition for writ of ha-beas corpus.

Petitioner challenged his convictions of robbery, rape and kidnapping on constitutional grounds. The district court concluded that the petitioner’s allegations were without merit and invoked the presumption of the correctness of state court findings. There is nothing in the record now before us which indicates the district court made an independent review of the record of the state hearing before relying upon the state *901 court findings. It appears that the reporter’s transcript of the state court trial was not even filed or lodged with the district court.

We have held that a federal district court may rely upon state court findings under 28 U.S.C. § 2254 (d) in a petition by a state court prisoner for habeas corpus only after an independent review has been made of the transcript of the state hearing. Selz v. California, 423 F.2d 702, 703 (9th Cir. 1970), and other cases.

Reversed and remanded.

How later courts describe this case

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

1975: 11976: 11977: 11978: 12014: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. Merle Ray Winford v. Harold R. Swenson517 F.2d 1114 (8th Cir. 1975)
  2. Harold James Leroy Irwin v. Charles L. Wolff, Jr., Warden Nebraska Penal Complex529 F.2d 1119 (8th Cir. 1976)
  3. Robert John Arndell v. Warden, Nevada State Prison549 F.2d 1284 (9th Cir. 1977)
  4. Hill v. Wyrick570 F.2d 748 (8th Cir. 1978)
  5. Charles Summers v. Nevada Attorney General572 F. App'x 548 (9th Cir. 2014)

Most recent

  1. Charles Summers v. Nevada Attorney General572 F. App'x 548 (9th Cir. 2014)
  2. Hill v. Wyrick570 F.2d 748 (8th Cir. 1978)
  3. Robert John Arndell v. Warden, Nevada State Prison549 F.2d 1284 (9th Cir. 1977)
  4. Harold James Leroy Irwin v. Charles L. Wolff, Jr., Warden Nebraska Penal Complex529 F.2d 1119 (8th Cir. 1976)
  5. Merle Ray Winford v. Harold R. Swenson517 F.2d 1114 (8th Cir. 1975)

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 1

DepthCaseCited by
Selz v. State of Cal., Richard A. McGee Dir., Dep't of Corr., 423 F.2d 702 (9th Cir. 1970) 21

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