John Garfield Davis, and v. Hoyt C. Cupp, Warden

Ninth Circuit Court of Appeals

May 2, 1969.

Ninth Circuit Court of Appeals · decided 1969-05-02

Cited by 1 later decisions — most recently May 1969

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1969-05-02

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John J. Haugh (argued), Portland, Or., for appellant.

David H. Blunt, (argued), Asst. Atty. Gen., Robert Y. Thornton, Atty. Gen., Salem, Or., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BEEKS, District Judge.

DECISION

PER CURIAM:

¶1

Here appellant has had a state post-conviction hearing on several important points and he lost.

¶2

It seems to us that in this habeas corpus case on the federal side, the District Judge wisely declined to rehash in a new hearing a proposed repetition of the testimony in the same old field.

¶3

Congress could prevent lower federal courts from having anything to do with state convictions and we find no constitutional objection (such as is contended) in giving a dash of validity to state court determinations as is done by 28 U.S.C. § 2254(d).

¶4

The order appealed from is affirmed.