Joseph L. Dyer v. Lawrence E. Wilson, Warden
Joseph L. DYER, Appellant, v. Lawrence E. WILSON, Warden, Appellee
Opinion
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.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
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.