Craven v. Grimm

Ninth Circuit Court of Appeals

July 2, 1969.

Ninth Circuit Court of Appeals · decided 1969-07-02

Cited by 1 later decisions — most recently April 1974

1 state decisions

2 counsel of record

Relies on Jackson v. Denno · Leyra v. Denno · 53 Cal. 2d 160 - People v. Atchley

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1969-07-02

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Thomas C. Lynch, Atty. Gen., John T. Murphy, Lawrence R. Mansir, Deputy Attys. Gen., San Francisco, Cal., for appellants.

Thomas A. Lee, Jr., San Francisco, Cal., for appellee.

Before BROWNING, ELY and CARTER, Circuit Judges.

PER CURIAM:

¶1

The appellee is a California state prisoner. After he exhausted his state remedies, he filed a petition for habeas corpus in the District Court. 28 U.S.C. 2241. An evidentiary hearing was conducted. The district judge resolved the factual inquiry in favor of the appellee, and the state appeals.

¶2

We are not persuaded that we should reverse. District Judge Zirpoli carefully explained the basis of his conclusion that the state conviction was grounded upon evidence obtained in a federally impermissible manner. The conclusion is supported by factual determinations and we cannot, on the record, hold that the determinations were clearly erroneous.

¶3

Affirmed.