197 F.2d 816 - Watkins v. Duffy — 197 F.2d 816

How this case has been cited

Cited by 8 later decisions — most recently January 1971

8 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Stephen D. Maffini, San Francisco, Cal., for appellant.

¶2Edmund G. Brown, Atty. Gen. of State of California, Clarence A. Linn, Asst. Atty. Gen. of State of California, Charles E. McClung, Deputy Atty. Gen. of California, for appellees.

¶3Before DENMAN, Chief Judge, and STEPHENS and POPE, Circuit Judges.

¶4PER CURIAM.

¶5Appellant seeks reversal of the order denying his application for a writ of habeas corpus. We agree with the district court that the application does not state any ground on which the writ may issue.

¶6Appellant here seeks to have us consider a new contention which he did not make in his petition for a writ of habeas corpus to the district court, namely, that he was denied due process through his attorney’s failure to appeal from the judgment of conviction though the attorney was instructed so to do. Since this allegation, if true, was known to the appellant at the time he filed his petition in the district court and since the district court never had the opportunity to consider the allegation, we cannot consider it on the appeal. Crockett v. Johnston, 9 Cir., 109 F.2d 444.