545 F2d 645 Corum v. B Gunn

545 F.2d 645

E. J. CORUM, Petitioner-Appellant,
Jacob B. GUNN, Warden, Respondent-Appellee.

No. 75-2308.

United States Court of Appeals,
Ninth Circuit.

Sept. 2, 1976.

Allen Ruby (argued), Morgan, Ruby, Franich, Schofield & Bouchier, San Jose, Cal., for petitioner-appellant.

Stan Helfman, Atty. (argued), Atty. Gen. Office, San Francisco, Cal., for respondent-appellee.

Before WRIGHT and SNEED, Circuit Judges, and LUCAS,* District Judge.


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Petitioner, a prisoner in state custody, appeals from the denial of his petition for a writ of habeas corpus. This Court has jurisdiction under 28 U.S.C. § 2253.


The issue raised by petitioner, that he was denied effective assistance of counsel at his 1963 conviction for kidnapping, was fully litigated at a state court hearing in 1971 when petitioner sought to strike his 1963 conviction as a prior offense. The state court determined that issue against petitioner, and the district court properly presumed that finding to be valid. 28 U.S.C. § 2254(d); Hill v. Nelson, 466 F.2d 1346 (9th Cir. 1972).


The judgment of the district court is affirmed.




The Honorable Malcolm M. Lucas, United States District Judge for the Central District of California, sitting by designation