John M. Little v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, Washington
Court of Appeals for the Ninth Circuit
1Per curiam
Little appeals from the denial, without an evidentiary hearing, of his application for a writ of habeas corpus. Convicted of aiding and abetting the possession of narcotics, Little argues that the heroin introduced at his trial was the fruit of an illegal search and seizure.
The availability of a full record of the state hearing on the motion to suppress and the lack of a substantial dispute as to the evidentiary facts render an evidentiary hearing unnecessary. 28 U.S.C. § 2254(d); Townsend v. Sain, 372 U.S. 293, 314, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963); Rainsberger v. Fogliani, 380 F.2d 783,…
2Cases cited6 opinions
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Townsend v. SainSupreme Court of the United States · 1963
- Clarence Williams and Arlene Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- Investment Co. Institute v. CampSupreme Court of the United States · 1970
- Henry Dennis Stamps v. United StatesCourt of Appeals for the Ninth Circuit · 1971
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3Cited by3 opinions
- Francis Hamilton Griswold v. Frank A. Eyman, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1972
- Francis Hamilton Griswold v. Frank A. Eyman, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1972
- United States ex rel. Chruscial v. WaltersDistrict Court, W.D. Pennsylvania · 1973