Legal Opinion
Robert J. Jarvis v. Louis S. Nelson, Warden
Court of Appeals for the Ninth Circuit
Decided April 8, 1971No. 26440_1PublishedCited by 211 opinions
1Per curiam
Jarvis appeals from an order dismissing his petition for a writ of habeas corpus in which he claimed that an illegally obtained confession was used against him in his state trial. The ground for the dismissal was that the petition did not state a claim for relief. The district court did not grant Jarvis leave to amend. The transcript of the state court proceeding in which the question of the legality of the confession was explored was not presented to the district court.
It may be that Jarvis' conclusory averments cannot be factually supported, but a petition for habeas corpus should not be…
2Cases cited4 opinions
- Eddie W. Pembrook v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1966
- Ralph Jerome Selz v. The State of California, Richard A. McGee Director, Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1970
- Marvin John Piche v. B. J. Rhay, as Superintendent of the Washington State Penitentiary at Walla Walla, WashingtonCourt of Appeals for the Ninth Circuit · 1970
- Earl John Wilson v. Lawrence E. Wilson, Warden San Quentin State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1967
3Cited by211 opinions
- Jennifer Henderson v. Deborah K. Johnson, WardenCourt of Appeals for the Ninth Circuit · 2013
- Robert J. Jarvis v. Louis S. Nelson, WardenCourt of Appeals for the Ninth Circuit · 1971
- (DP) Bolin v. State of CaliforniaDistrict Court, E.D. California · 2022
- (HC) Adam v. HorstDistrict Court, E.D. California · 2023
- (HC) Alboran v. WardenDistrict Court, E.D. California · 2022
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