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448 F.2d 1391

Docket No. 26363.

Lancaster v. Hocker

Ninth Circuit Court of Appeals

Decided Oct. 4, 1971.

Ninth Circuit Court of Appeals · decided 1971-10-04

Cited by 1 later decisions — most recently October 1971

1 federal appellate ·

1 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Ralph Jerome Selz v. The State of California, Richard A. McGee Director, Department of Corrections

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-04

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¶1Lloyd Lancaster, Jr., in pro. per. Harvey Dickerson, Nevada Atty. Gen., Carson City, Nev., for appellee.

¶2Before MERRILL and ELY, Circuit Judges, and JAMESON, District Judge.*

¶4PER CURIAM:

¶5In denying a petition for writ of ha-beas corpus by a state court prisoner, the district court relied upon detailed findings made by a state court of competent jurisdiction after a hearing on the merits, together with excerpts from a transcript of the state court proceedings contained in petitioner’s briefs, and a transcript of the arraignment proceedings at the trial. The entire transcript of the state court habeas corpus proceedings, however, was not produced by either party1.

¶6On the basis of Selz v. State of California, 9 Cir. 1970, 423 F.2d 702, and cases therein cited, we feel compelled to remand for an independent review of the entire transcript of the state evidentiary hearing.

¶7Reversed and remanded for further proceedings.

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