545 F.2d 645 - E. J. Corum v. Jacob B. Gunn, Warden — 545 F.2d 645

How this case has been cited

Cited by 6 later decisions — most recently July 1995

1 district · 5 state decisions

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.

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.

PER CURIAM:

¶1

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.

¶2

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).

¶3

The judgment of the district court is affirmed.

¶4

AFFIRMED.

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